IN THE HIGH COURT OF JHARKHAND AT RANCHI S.A. No. 383 of 2019

1. Sufal Bouri, aged about 51 years, son of late Kanhai Bouri

2. Shyamla Devi @ Thanda Devi, aged about 59 years, daughter of late Kanhai Bouri

3. Niranjan Bouri, aged about 29 years, son of late Sabitri Devi 4. Lali Devi, aged about 24 years, daughter of late Sabitri Devi All are resident of Barwadda, P.O. Kalyanpur, P.S. Barwadda (Govindpur), District Dhanbad.

… … Plaintiffs/Appellants/Appellants Versus

1. Bini Devi, daughter of late Jatan Mandal, wife of Murli Mandal, R/o village Muraidih, P.O. Maharajganj, P.S. Barora, District Dhanbad.

2. Hari Mandal, son of late Jatan Mandal

3. Madan Prasad Mandal, son of late Jatan Mandal

4. Campus Mandal, son of late Jatan Mandal All are resident of village Lohar Barwa, P.O. Kalyanpur, P.S.

Barwadda (Govindpur), District- Dhanbad.

5. Pari Devi, daughter of late Jatan Mandal, wife of Jogeshwar Mandal, R/o village- Kulbera, P.O. Kalyanpur, P.S. Barwadda, (Govindpur), District- Dhanbad.

6. Monika Mandal, wife of late Haru Mandal @ Nimai

7. Raj Kumar Mandal, son of late Haru Mandal @ Nimai Mandal

8. Mithu Devi, daughter of late Haru Mandal, wife of Rajesh Mandal, Resident of Kapasara, P.O. Jiramundi, Govindpur, Dhanbad.

6 & 7 are resident of Barwadda, P.O. Kalyanpur, P.S. Barwadda, District Dhanbad.

9. Sulekha Devi, daughter of late Haru Mandal @ Nimai Mandal, wife of Subhash Mandal, R/o Dhaiya Basti, P.O. ISM, P.S.

Dhanbad, District- Dhanbad.

10.Bai Mandalani, wife of Jamini Mandal, R/o village Damkara, P.O.

Nagnagar, P.S. Barwadda, District- Dhanbad.

11.Jiria Mandalani, wife of Nimasen Mandal, R/o village & P.O.

Nagar Kiyari, P.S. Barwadda, District- Dhanbad.

12.Jailu Mandalani, wife of Murli Mandal, R/o village & P.O.

Salukchapra, P.S. Nirsa (Kalubathan TOP), District- Dhanbad.

13.Gorki Mandalani, wife of Dilip Mandal, R/o village Urma, P.O.

Kalubathan, P.S. Nirsa (Kalubathan TOP), District- Dhanbad.

14.Kaushalya Mandalani, wife of Raghunandan Mandal, R/o village Raghunathpur, P.O. Raghunathpur, P.S. Topchachi, District-

Dhanbad.

15.Maldhar Mandal, son of late Kali Mandal

16.Nirodh Mandal, son of late Kali Mandal Residents of Barwadda, P.O. Kalyanpur, P.S. Barwadda (Govindpur), District Dhanbad.

… … Defendants/Respondents/Respondents ---

CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY ---

For the Appellants : Mr. Shekhar Pd. Sinha, Advocate : Mr. Satyam Kumar, Advocate For the Respondents :

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19/10.02.2026 Learned counsel for the appellants is present.

2. This appeal has been filed against the judgment and decree dated 19.08.2019 (decree sealed and signed on 29.08.2019) passed by learned District Judge-XIV, Dhanbad in Civil Appeal No. 20 of 2017 whereby the learned 1^st appellate court dismissed the appeal and confirmed the judgment and decree dated 08.02.2017 (decree sealed and signed on 16.2.2017) passed by learned Civil Judge, (Sr. Div.)-VI, Dhanbad in Title Suit No. 12 of 2002. The suit was dismissed, 1^st appeal was also dismissed and consequently, the plaintiffs are the appellants before this Court.

3. Learned counsel for the appellants has submitted that the plaintiffs have lost in both the courts and accordingly, they are the appellants before this Court.

4. The learned counsel for the appellants, while assailing the impugned judgments, has submitted that there cannot be surrender of 2/3^rd portion of undivided share. He submits that since there was no previous partition, the surrender of property by two registered surrender deeds was not as per law and consequently, the plaintiffs were entitled for ½ share of the entire property described in schedule-

B.

5. The learned counsel has referred to paragraph 7 of the appellate court’s judgment and has submitted that this aspect of the matter has not been properly considered.

6. Learned counsel for the appellants has referred to proposed substantial question of law no. (VII) which is as follows:

“Whether both the learned courts below have gone into the facts that even after presuming the Surrender Deeds to be t