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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Safique Mirdaha – Appellant
Versus
Nayeem Mirdaha, son of late Mansoor Mirdaha – Respondent
| Table of Content |
|---|
| 1. details of the land dispute and gift deed issues. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments regarding the alleged incapacity and property status. (Para 8 , 18 , 19) |
| 3. court's analysis on defendant's capacity and evidentiary scrutiny. (Para 9 , 10 , 15 , 20 , 22) |
| 4. key findings related to gift deed's validity and joint property issues. (Para 12 , 13 , 21) |
| 5. final ruling of appeal and dismissal. (Para 23 , 24 , 25) |
JUDGMENT :
ANUBHA RAWAT CHOUDHARY, J.
1. Heard the learned counsel appearing on behalf of the appellants.
2. This appeal has been filed against the judgement 29.09.2016 (decree signed on 05.10.2016) passed by learned Principal District Judge, Lohardaga whereby Civil Appeal No.25 of 2012 has been allowed. The judgement of the trial court is dated 19.06.2012 (decree singed on 29.06.2012) passed by learned Civil Judge (Junior Division) No.IV Civil Court, Lohardaga in Title Suit No.6 of 2003.
3. The suit was decreed and the learned 1st appellate court has reversed the judgement and decree of the trial court. Consequently, the plaintiffs are the appellants before this Court.
4. The suit was filed seeking a declaration of right, title, interest and confirmation of the po
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