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2024 Supreme(Jhk) 1074

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Gautam Kumar Choudhary
Tulsi Mahto – Appellant
Versus
Sulochna Devi – Respondent


Advocates Appeared:
For the Appellant :Mr. Rahul Kumar Gupta, Advocate
For the Respondent:Mr. Saibal Mitra, Advocate, Mr. Jageshwar Mahto, Advocate, Mr. Mahesh Kumar Mahto, Advocate

Table of Content
1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7)
2. defendant's claim and their objections. (Para 8 , 9 , 10 , 11 , 12 , 13)
3. issues framed and trial court's findings. (Para 15 , 16 , 17 , 18 , 19)
4. arguments presented by appellants. (Para 21 , 22 , 23 , 24 , 25 , 26)
5. court's analysis on inheritance and property rights. (Para 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37)

JUDGMENT :

Gautam Kumar Choudhary, J.

1. This is plaintiff’s second appeal against judgment of reversal in Title Appeal No. 21/1990 thereby reversing the judgment and decree passed in in Partition Suit No. 21 of 1987/19 of 1989.

2. Parties for convenience shall be referred to by their original placement in the suit and shall include their heirs and legal representatives at different stages.

CASE OF PLAINTIFF

3. Plaintiffs/Appellants filed suit for partition with respect to the property detailed in Schedule A.

4. Plaintiffs and defendants are the heirs and descendants of common ancestors Banno Mahto, a recorded tenant who died in the year 1935 leaving behind two sons Lagnu Mahto and Paras Nath Mahto. Both inherited and came in joint possession over the land of their father. Lagnu Ma

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