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2019 Supreme(Jhk) 1726

SANJAY KUMAR DWIVEDI
Somen Kumar Dawn – Appellant
Versus
State Of Jharkhand – Respondent


Advocates Appeared:
Sachi Nandan Das, Adv., Om Prakash Singh, Adv., Pooja Kumari, Adv.

JUDGMENT

Sanjay Kumar Dwivedi, J. - Heard Mr. Sachi Nandan Das, learned counsel for the appellants and Ms. Pooja Kumar, learned A.C. to Sr. S.C. III for the respondents.

2. The present second appeal has been preferred by the appellants for questioning the legality and validity of the judgment and decree dated 30.09.2015 passed in Title Appeal No. 3 of 2009 by the learned District Judge-II, Seraikella-Kharsawan whereby he has been affirmed the judgment decree dated 17.01.2009 passed by the learned Munsif, Seraikella-Kharsawan in Title Suit No. 20 of 2005.

3. The case of the appellant before the trial court was that one Pitamber Dutta of Chandil was the tenure holder of Mauza Kadamdih and his name appears in the record of rights published in the year 1911 as khewatdar of khewat no. 4/3. The aforesaid tenure holder executed a deed of sale in favour of Vishswnath Dawn on 28th February,1912 vide sale deed no. 112 and transferred some property including a Tank and its Arh for consideration of Rs. 1300/-. Vishwanath Dawn the grand-father of the plaintiff used to possess the land purchased by him morefully described in schedule ''A; by the plaintiff. In the suit the Tank and Arh is in dispu

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