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2004 Supreme(Jhk) 282

VISHNUDEO NARAYAN
Etwa Oraon – Appellant
Versus
Karo Oraon – Respondent


JUDGMENT

Vishnudeo Narayan, J.

1. This appeal at the instance of the plaintiffs-appellant stands directed against the impugned judgment and decree dated 30.4.1988 and 7.5.1988 respectively passed in Title Appeal No. 6 of 1987 by Shri Krishna Nand Singh, Additional Judicial Commissioner, Ranchi whereby and whereunder the judgment and decree dated 31.7.1986 and 16.8.1986 passed in Partition Suit No. 53 of 1978/42 of 1985 by Additional Sub-Judge, Ranchi was affirmed and the appeal was dismissed.

2. The appellants have filed the said suit for partition of the suit property detailed in Schedules "B" "C" of the plaint and also for a declaration that the order under Section 71-A of the Chotanagpur Tenancy Act (hereinafter referred to as the said Act) is void, illegal and erroneous.

3. The case of the appellants is that the parties to the suit are members of the joint Hindu family being the descendants of a common ancestor resident of village Senha Tola Bartoli, P.S. Senna, District Ranchi (now Lohardagga) and the said common ancestor was recorded in respect of the suit property in the Survey Records of Right and they are still continuing joint and there has been no partition by metes and boun






























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