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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Anubha Rawat Choudhary
Bhuglu Soren – Appellant
Versus
State of Jharkhand represented by the Deputy Commissioner – Respondent
JUDGMENT :
Anubha Rawat Choudhary, J.
Heard learned counsel appearing for the parties.
2. This second appeal has been filed against the Judgement and decree dated 27.06.2022 (Decree sealed & signed on 11.07.2022) passed by the learned District Judge-II, Seraikella-Kharsawan in Title Appeal No.17 of 2018 whereby and whereunder the appeal was dismissed, confirming the Judgment and decree dated 30.09.2008 (Decree sealed & signed on 10.11.2008) passed by the learned Munsif, Seraikella in Title Suit No.43 of 1999 and Title Suit No.26/2007 whereby and whereunder the suit was dismissed on contest.
3. The plaintiffs had filed the suit against the defendants for declaration of right, title and interest over the suit land and for recovery of khas possession of the same and also for injunction.
4. Arguments of the appellants.
a. Although there are concurrent findings recorded by both the Courts but substantial questions of law arise for consideration in this case.
b. The appellant was claiming title on the basis of an unregistered Patta executed by the then zamindar of Seraikella on 30.04.1945. Pursuant to the Patta the original plaintiffs started paying rent to zamindar and after abolition of zami
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The court affirmed that possession follows title, and a plaintiff is entitled to a declaration of title even if a previous suit for injunction was dismissed due to lack of possession.
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