Soghra Bibi vs Sulema Khatoon - 2024 Supreme(Jhk) 1076

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2024 Supreme(Jhk) 1076

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Gautam Kumar Choudhary
Soghra Bibi – Appellant
Versus
Sulema Khatoon – Respondent

Advocates Appeared:
For the Appellant :Mr. Ayush Aditya, Advocate, Mr. Aakash Deep, Advocate
For the Respondent:Mr. Nehru Mahto, Advocate

Table of Content
1. introduction of the case and parties involved. (Para 1 , 2)
2. background and ownership claims of the property. (Para 3 , 4 , 5 , 6 , 8 , 9 , 10 , 11)
3. defendants' arguments regarding ownership and legality. (Para 7 , 12 , 13)
4. trial court's findings on ownership and shares. (Para 14 , 15)
5. appellate court's reasoning regarding res judicata. (Para 16 , 17)
6. analysis of earlier judgments and their implications. (Para 18 , 19 , 20 , 21 , 22)

JUDGMENT :

Gautam Kumar Choudhary, J.

1. This Second Appeal is against judgment of reversal passed in Title Appeal No.8 of 1986.

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

3. Appellants are plaintiffs who brought the Title Suit No.29 of 1977 for redemption of mortgage bond dated 13.09.1969 detailed in Schedule A by Defendant No.1, and in default for a decree with respect of 2/3rd share. The suit was decreed and reversed in appeal.

4. The plaintiffs have pleaded that Schedule-A properties belonged to Abdul Rahim. Abdul Rahim died on 31.05.1970 leaving behind Plaintiff nos. 1 & 2 + proforma defendant no. 2 (total three daughter