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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Gautam Kumar Choudhary
Anil Ram – Appellant
Versus
Naresh Ram – Respondent
JUDGMENT :
Gautam Kumar Choudhary, J.
Heard, learned counsel for the parties.
1. This Second Appeal has been filed by the appellants/ defendant against the judgment of affirmance.
2. Parties shall be referred by their original placement in the suit and will include their legal representatives substituted at different stages.
PLAINTIFF’S CASE
3. Plaintiff(s) filed the suit for declaration of title and confirmation of possession and if found to be dispossessed by the defendant over the suit land, then for recovery of possession.
4. The case of the plaintiff is that Sheofal Kahar was the common ancestor and he had raiyati land, and after his death, Bhagwat Kahar and Parmeshwar Kahar came into possession and their names were recorded with cadastral survey records of right. Parmeshwar Kahar died in the year 1938 leaving behind his widow, Basia Kaharin and minor daughter, Chhathani Kaharin. Chhathani Kaharin was married with Belash Kahar and settled in her matrimonial home.
5. Basia died in the year 1950-51 in the state of jointness with her husband’s brother Bhagwat Kahar and she was maintained by him and after death of Bhagwat Khar by the plaintiff. Bhagwat died after three years of the death
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Sale deeds executed by life estate holders without alienation rights are invalid; due process requires opportunity to rebut additional evidence in appellate hearings.
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