2025 Supreme(Online)(Jhk) 3466
HIGH COURT OF JHARKHAND
KRISHNA SINGH – Appellant
Versus
HI TECH HERITAGE LIMITED REPRESENTED BY MR ADITYA NARAYAN MAHTO – Respondent
FA 156 / 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 156 of 2023
1. Krishna Singh, aged about 61 years, 2. Sudama Singh, aged about 58 years, 3. Bhola Singh, aged about 56 years All Sons of Taraknath Singh, Resident of Village- Dobo, P.O. &
P.S.- Chandil, District- Seraikella - Kharsawan ...… Plaintiffs/Appellants -Versus-
1. Hi-Tech Heritage Limited, a Company Incorporated under the Companies Act, 1956, having its Registered Office at White House- 4, D119, Pane Street Kolkata-700016 represented by Mr. Aditya Narayan Mahto, son of Sri Kamla Kant Mahato, Resident of Sukla, P.O. & P.S.- Paramda, Town- Jamshedpur, District- East Singhbhum (Purchaser).
2. Sri Vijay Kumar Sinha, son of Sri N.G.P. Sinha, Resident of Qtr. No.
17, Duni Road, Old Baridih, P.O. & P.S.- Sidhgora, Town-
Jamshedpur, District- East Singhbhum
3. Baij Nath Singh, son of Late Sukhari Singh, Resident of Adityapur, P.O. & P.S.- RIT, District- Seraikella Kharsawan, at present residing at Purana Basti, Sonari, P.O. & P.S.- Sonari, Town- Jamshedpur, District- East Singhbhum …. Defendants/Respondents ---
CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---
For the Appellants : Mr. Sanjay Kumar Sinha, Advocate : Mr. Ashok Kumar Sinha, Advocate : Mr. T.N. Ojha, Advocate For the Respondents : Mr. Akhilesh Kumar Shrivastava, Advocate : Mr. Rohit Sinha, Advocate : Mr. Md. Imran Hasan, Advocate ---
Reserved on 18.06.2025 Pronounced on 10.11.2025
1. This First Appeal has been filed against the Judgment and Decree dated 31.03.2023 (Decree sealed and signed on 13.04.2023) passed by the learned Civil Judge (Senior Division) at Chandil in Original Suit No.34 of 2012 whereby and whereunder the suit of the plaintiffs was dismissed.
2. The plaintiffs/appellants had filed Original Suit No.34 of 2012 for the following reliefs:
(i) That it be declared the deed of conveyance (Sale Deed)
No.1422 dated 03.03.2011 executed by Defendant No.2 in favour of Defendant No.1 is forged, fabricated, without consideration and void-ab-initio and the Defendant No.1 has not acquired any interest in the suit premises.
(ii)Cost of the suit.
(iii)Any other relief or reliefs.
3. The suit land as mentioned in the Schedule of the plaint is all that piece and parcel of the land measuring area 85 decimals in Plot No.1198 (Part), Khata No.9 under Mouza- Dobo, Thana No.331, Halka No.2 situated within P.S.- Chandil, District- Seraikella-Kharsawan, State- Jharkhand under Registry Office- Seraikella, which is bounded as North: Plot No.1197, South: Dilip Kumar Singhddeo, East: Portion of Plot No.1198 and West: Plot No.1198.
4. The suit was filed by three plaintiffs namely, Krishna Singh, Sudama Singh and Bhola Singh, all sons of Tarak Nath Singh and the Plaintiff No.1 claimed to be attorney holder of Plaintiff Nos.2 and 3.
5. The Defendant No.1 is Hi-Tech Heritage Limited and the Defendant No.2 is Vijay Kumar Sinha. The Defendant No.3 is Baij Nath Singh son of Late Sukhari Singh and brother of Late Jogeshwar Ram. The Defendant No.3 has claimed to be the original owner of the suit property. Defendant No.4 is Lala Vivek Prasad who is the Power of Attorney holder of the Defendant No.3.
6. Case of the plaintiffs A. Jogeshwar Ram was own uncle of the plaintiffs and Algu Ram was the brother-in-law (Sarhu) of Jogeshwar Ram. Algu Ram, his wife, the plaintiffs and Jogeshwar Ram were residing together under the Managership (Karta) of Jogeshwar Ram. Jogeshwar Ram died issueless on 16.11.2000. Algu Ram died issueless on
20.01.1996 and his wife Dukhni Devi died on 27.07.2001.
B. The Plaintiff Nos.2 and 3 are the own brothers of Plaintiff No.1 and Plaintiff Nos.2 and 3 have executed a Power of Attorney in favour of Plaintiff No.1 authorizing him to represent them in all courts or office, sign plaints, file suits or applications on their behalves and to do all things on their behalves as the case may require.
C. The suit land alongwith other lands stands recorded jointly in the names of Jogeshwar Ram and Algu Ram in the Survey Khatian, 1964 and the