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2004 Supreme(Jhk) 884

N.N.TIWARI
Bihar State Housing Board (Now Jharkhand State Housing Board At Ranchi) – Appellant
Versus
Shakuntala Devi – Respondent


ORDER

N.N. Tiwari, J.

1. The appellants have preferred this appeal against the judgment and decree of affirmance passed by the District Judge, Seraikella-Kharsawan upholding and affirming the judgment and decreed passed in Title Suit No. 1092.

2. Both the Courts below have concurrently found that the plaintiff- respondent has valid and legal right, title and interest. The plaintiffs suit was decreed on contest and after thorough appraisal of evidences and materials on record. On appeal, the said judgment and decree of the trial Court has been found sound and legal and on through consideration of the facts and points of law.

3. In this appeal, Mr. Umesh Pd. Singh, learned Senior Counsel appearing on behalf of the appellants, submitted that judgments and decrees of the Courts below are vitiated on account of non- consideration of materials on record and for not framing proper and relevant issues. From perusal of judgment and decree of the trial Court. I find that all the relevant issues were framed and the evidences and materials on record have been dealt with in detail. After discussing and considering the evidences, the learned trial Court held that the plaintiff has valid right, title



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