Advocates:
['NANDA KUMARI', 'SRIJIT CHOUDHARY', '', 'CHANDRA SHEKHAR SINGH', 'A K SAHAY', 'AJAY KR PATHAK', 'IGANTIUS MINJ', 'DILIP KR PRASAD']

1

IN THE HIGH COURT OF JHARKHAND AT RANCHI

S.A. No. 139 of 2005

1. Panchanan Prajapati, s/o Late Shivshankar Prajapati

2. Sohan Lal Prajapati s/o Late Shivshankar Prajapati

3. Puran Prajapati (abated vide court’s order dated 12/08/16)

4. (i)Govind Prajapati S/o Raghu Kumhar r/o village P.O. and P.S.

Bundu, District Ranchi

(ii)

Dhanapatia Devi w/o Gurudeo Prajapati d/o Raghu

Kumhar r/o Hurlung, P.O. Govindpur, P.S. Gomia, District

Bokaro

5. Bisu Kumar, s/o Late Baro Kumhar (died as per order dt.

27.9.10.)

5.(a) Raj Kishore Prajapati

6. Jagarnath Kumhar, s/o Baro Kumhar

7. Vijay Kumhar, S/O Ram Nath Kumhar

8. Jairam Kumhar, s/o Ram Nath Kumhar

9. Chait Narain Kumhar (abated vide court’s order dt. 12/08/16)

10. Sarswati Devi, w/o Late Falinder Kumhar

11. Pradeep Kumhar

12. Dilip Kumhar

13. Dinesh Kumhar

14. Aashish Kumhar

15. Ravi Kumhar, all 11 to 15 minor sons of Late Falinder Kumhar

through their mothers natural guardian of the Respondent No.

10. All by caste Kumhar, by occupation cultivation, resident of

village Bundu, P.S. Bundu, District-Ranchi

…

…

…

Plaintiffs/Respondents/Appellants

Versus

1.Dhobia Orain, son of Late Mangal Oraon, by occupation of

cultivation, Resident of village Bundu, P.S. Bundu, Distt. Ranchi

…

…

…

Defendant/Appellant/Respondent

2.Sarita Jha w/o Shashi Bhushan Jha r/o Thana Toli Subhash

Chowk, P.O. and P.S. Bundu, Dist. Ranchi

3. Hemant Prajapati S/o Late Dukhan Prajapati, r/o Kumhar Toli,

Block Road, P.O. and P.s. Bundu, Dist. Ranchi

4. Sanjay Kumar Sharma, S/o Late Durga Prasad Sharma, r/o Thana

Road, P.O. & P.S. Bundu, Dist.-Ranchi

5. Reena Devi w/o Sanjay Kumar Sharma r/o Thana Road, P.O. &

P.S. Bundu, Dist. Ranchi

serial

no.

2

to

5

are

proforma

respondents.

---

CORAM: HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY

---

For the Appellants

: Mr. V. Shivnath, Senior Advocate

Ms. Nanda Kumari, Advocate

Mr. Neeraj Kishore, Advocate

For the Respondents : Mr. Kundan Kumar Ambastha, Advocate

2

For the Proforma

Respondents

: Mr. Dilip Kumar Prasad, Advocate

---

21/03.05.2019

1. Heard Mr. V. Shivnath, learned senior counsel appearing on

behalf of the appellants assisted by Ms. Nanda Kumari,

Advocate.

2. Heard Mr. Kundan Kumar Ambastha, counsel appearing on

behalf of the respondent no. 1.

3. Heard Mr. Dilip Kumar Prasad, counsel appearing on behalf of

the proforma respondents. Application for intervention was

filed in this case which was allowed by this court vide order

dated 26.07.2018 as the intervenors claimed that they have

purchased the suit property and are agreement holders

through the appellants. Accordingly, intervenors were

permitted to be added as pro-forma respondents in this

appeal.

4. It is relevant to point out that the certified copy of the trial

court judgment, as filed by the appellants does not tally with

the actual judgment which is written in hand as there are

some omissions in typed copy of para 10 and 11, therefore this

court has referred to the certified hand written copy of this

trial court judgment, which is also available in the lower

courts records , to decide this case.

5. The instant appeal has been filed against the judgment and

decree dated 05.03.2005 (decree signed on 18.03.2005) passed

by Additional Judicial Commissioner, Fast Track Court-III

Khunti, Ranchi in Title Appeal No. 42/2001 reversing the

judgment and decree dated 06.06.2001, passed by learned

Munsif Khunti, in Title Suit No. 12/1999.

6. This appeal was admitted vide order dated 25.06.2009 on the

following substantial question of law

“whether the learned appellate court has correctly met with the

3

findings of the learned trial court while reversing them.”

7. Title Suit No. 12/1999 was filed by the plaintiffs against one