Advocates:
['YASHVARDHAN', '', 'RITESH SINGH', 'KIRTIVARDHAN', 'SAURABH NARAYAN', 'YOGENDRA PRASAD']

IN THE HIGH COURT OF JHARKHAND AT RANCHI

S.A. No. 70 of 2020

1.

Hari Shankar Prasad

2.

Mithilesh Prasad

3.

Rukmani Devi

4.

Rekha Devi

5.

Sewta

… Defendants/Appellants

V E R S U S –

Kunti Devi

…Plaintiff/ Respondent

CORAM: HON’BLE DR. JUSTICE S. N. PATHAK

For the Appellants

: Mr. R.N. Sahai, Sr. Advocate

Mr. Yashvardhan, Advocate

For the Respondents

: xx

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07/ 24.11.2022

The instant Second Appeal is preferred against the judgment & decree

dated 22.11.2019 and 03.12.2019 respectively passed by learned District Judge-II,

Ramgarh in Civil (Title) Appeal No.03/2019, whereby the appeal preferred by the

defendants/appellants has been dismissed and the judgment dated 20.02.2019 &

02.03.2019 respectively passed by Civil Judge-I (Sr. Division), Ramgarh in Partition

Suit No. 118/2011 has been affirmed.

2.

The defendants are the appellants and the Suit was brought by the

plaintiffs /respondents for partition to the extent of plaintiff9s half share in the suit

land as described in Schedules 8A9 of the plaint, by carrying out separate takhta of

her share by appointment of survey knowing Pleader Commissioner and its delivery

of possession through the process of the Court.

3.

The learned Court below framed altogether six issues for consideration

and disposal of the suit and after thorough discussion and appreciation of the facts

and evidences available on the record, held that there is unity of title and unity of

possession with respect to the suit lands in between the parties and the learned Court

also held that there is no previous partition in between the parties and the plaintiff is

entitled to a preliminary decree for partition in the suit lands and decided the relevant

issues no. V, I, VI & IV in favour of the plaintiff and also upon consideration over all

the issues framed in this suit, the learned Court below decreed the suit on contest

with cost.

4.

Aggrieved by the same, the defendants/appellants filed an appeal before

the learned District Judge-II, Ramgarh and learned District Judge-II, Ramgarh vide

2

judgment & decree dated 22.11.2019 and 03.12.2019 respectively in Civil (Title)

Appeal No.03/2019, dismissed the appeal preferred by the defendants/appellants

and the judgment dated 20.02.2019 & 02.03.2019 respectively passed by Civil Judge-

I (Sr. Division), Ramgarh in Partition Suit No. 118/2011 has been affirmed. Hence,

the defendants/appellants have approached this Court.

5.

Mr. R.N. Sahai, learned Sr. counsel assisted by Mr. Yashvardhan,

learned counsel appearing on behalf of the defendants/ appellants submits that

findings of the Courts below are perverse on the ground that learned Court below

have not considered the evidence on record and points for determination has also not

been stated, which is incumbent upon the learned Court below to consider the same.

He further submits that Exhibit-1 & 2 has already been gifted to Hari Shankar Prasad

and the same was not available for partition and as such, the learned Court Below

have erred in facts as well as law. He further submits that the land in question has

already been sold and as such, partition suit was not maintainable.

3.

Nobody appears on behalf of the respondents.

4.

I have heard counsel for the appellants on the point of admission and

formulating substantial question of law. After hearing learned Sr. counsel for the

appellants upto a length and on perusal of findings of fact recorded concurrently by

the courts below, I find that the contention of the learned Sr. counsel for the

appellants is not tenable in the eyes of law on the ground that the learned Court

below framed altogether six issues for consideration and after thorough discussion

and appreciation of the facts and evidences available on the record, held that there is

unity of title and unity of possession with respect