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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Chandrika Singh, son of Late Chaman Singh – Appellant
Versus
Sudhakar Kumhar – Respondent
JUDGMENT :
Anubha Rawat Choudhary, J.
Heard the learned counsels appearing on behalf of the parties.
2. This second appeal has been filed against the judgment and decree dated 19.02.2004 (decree signed on 28.02.2004) passed in Title Appeal No. 23 of 1995 by learned Addl. District and Sessions Judge, Fast Track Court No. I, Gumla whereby the learned 1st appellate court reversed the judgment and decree dated 22.02.1995 (decree signed on 06.03.1995) passed by learned Sub-Judge-III, Gumla in Title Suit No. 41 of 1990.
3. This appeal was admitted for final hearing vide order dated 18.05.2006 on the following substantial questions of law:
“(a) Whether the plaintiff has got any locus standi to file the suit?
(b) Whether the suit for declaration of the sale deed dated 29.06.1990 as illegal is maintainable in absence of prayer for partition of the joint estate of common ancestor Gokul Kumhar and recovery of possession from Chandrika Singh?”
4. While addressing the 1st substantial question of law, the learned counsel for the respondent nos. 1 and 2 has submitted that the original plaintiff was the co-sharer of the suit property and the previous partition with respect to the joint family property wa
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