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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANUBHA RAWAT CHOUDHARY
Walliullah S/o Late Wali Alam – Appellant
Versus
Md. Mahfooz Alam, S/o Late Mahmood Alam – Respondent
JUDGMENT :
Anubha Rawat Choudhary, J.
1. This First Appeal has been filed against the Judgment and Decree dated 21.09.2024 (Decree sealed and signed on 28.09.2024) passed by the learned Civil Judge (Senior Division-VIII), Jamshedpur in Original Suit No.107 of 2014 whereby the learned trial court has decreed the suit seeking partition on contest and held that the plaintiffs are entitled to get 6/12th i.e. ½ share of the suit property. The schedule-A is the genealogy and Schedule-B is the suit property consisting of land measuring 1½ Bighas i.e. 30 Kathas at Mango, Jamshedpur having pucca house and other structures standing thereon.
2. The appellants and Proforma Respondent Nos.55 to 58 are the legal heirs of the original Principal Defendant No.1 namely, Wali Alam. Respondent Nos.1 to 17 are the legal heirs of the original Plaintiff No.1 namely, Mahmood Alam. Respondent Nos.18 to 29 are the legal heirs of the original Plaintiff No.2 namely, Moid Alam. Respondent No.30 namely, Hasan Rizwi @ Munna was the Plaintiff No.3.
3. The defendant no.1 primarily opposed the suit on the ground that he acquired the suit property through oral gift -‘Hiba’. The oral gift has been disbelieved by the lear
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