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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY, J
Prem Kumar Mahato – Appellant
Versus
Pustam Mahato (Abated) – Respondent
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. This second appeal has been filed against the judgment and decree dated 15.12.2016 (Decree signed on 22.12.2016) passed by the learned District Judge - XVII, Dhanbad in Title Appeal No. 108 of 2015 whereby the appeal has been allowed and the judgment and decree passed by the learned Trial Court has been set aside. The judgment and decree by the Trial Court dated 30.09.2015 (Decree signed on 16.10.2015), has been passed by the learned Additional Civil Judge (Junior Division), Dhanbad in Title Suit No.01 of 2003, whereby the suit was partly allowed and decreed on contest.
2. This second appeal was admitted vide order dated 12.04.2018 on the following substantial questions of law:
“A. Whether learned appellate court while reversing trial court judgment committed serious error of law as it failed to construe true purport of “Nadabi” deed no.307 and 310 dated 05.01.72 (Ext.2 & 2/1), an ab initio void documents were executed without consideration, never acted upon & did not confer any title upon Jugal Mahto?
B. Whether learned appellate court while reversing the trial court judgment erred in law in holding that suit is barred by law of limitation, esto
The appellate court upheld the validity of Nadabi deeds, ruling they conferred title and the suit was barred by limitation due to prior knowledge of the deeds by the plaintiffs.
In a suit for declaration of title, the plaintiff must prove ownership; failure to seek possession forfeits claims against an adverse possessor.
The court upheld the validity of a registered adoption deed, emphasizing that the suit challenging it was barred by limitation as it was filed 33 years after the plaintiffs gained knowledge of the ad....
The mere existence of a familial relationship does not constitute a fiduciary relationship necessary to exempt a transaction from the bar of the Benami Transactions (Prohibition) Act.
The main legal point established in the judgment is that the question of limitation is a mixed question of law and fact, requiring a trial on its own merits. The Court also clarified the maintainabil....
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