IN THE HIGH COURT OF JHARKHAND AT RANCHI
S.A. No. 522 of 2004
Bhuneshwar Das
@ Bhubneshwar Prasad Das & Others ........Appellants
Versus
Dashrath Das & Others ..Respondents
Coram :THE HON'BLE MR. JUSTICE R.K. MERATHIA
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For the Appellants : Mr. Rajeeva Sharma, Sr. Advocate
Mrs. Rita Kumari, Advocate
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5/24.3.2009
Heard.
This appeal has been filed against the judgment and decree
dated 28.6.2004 passed by learned Additional District Judge-1,
Sahibganj in Title Appeal No. 4/1998, affirming the judgment and decree
dated 28.1.1998, passed by learned Sub Judge-IV, Sahibganj in Title
Suit No. 30/1983.
Mr. Rajeeva Sharma, learned senior counsel, appearing for
the appellants, submitted that the learned courts below could not ignore
Ext-3, the report of the Amin Commissioner-Gangaram Mandal dated
6.6.1995.
According to the plaintiffs-appellants, the defendants wanted
to encroach on the land of the plaintiffs. The Pleader Commissioner was
appointed. He submitted his report-Ext-3 but the said report was
rejected by the trial court vide order dated 1.12.1997. The plaintiffs
appellants did not challenge the said order rejecting the Pleader
Commissioner’s report and therefore it became final. In such
circumstances, the trial court held rightly inter alia that such report
cannot be considered.
The suit was dismissed. The appellants filed the said appeal.
The appellate court affirmed the findings of the trial court and dismissed
the appeal.
No grounds have been made out for interfering with the said
concurrent findings of facts recorded by the learned courts below after
considering the respective cases of the parties and the evidences on
record. In my opinion, no substantial question of law is involved in this
second appeal, which is accordingly dismissed. However, no costs.
( R.K. Merathia, J)
Rakesh/