Bihari Sao @ Bhutali Sao vs Sundar Sao @ Sudarshan Pd &Amp; An on 27 September, 2010

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                            SA No.198 of 2007
                      BIHARI SAO @ BHUTALI SAO
                                   Versus
                 SUNDAR SAO @ SUDARSHAN PD & AN
                                 -----------

7 27.09.2010 Heard learned counsel for the appellant

and respondent no. 1.

This appeal will be heard. Admit.

Following substantial questions of law

arise for consideration in the instant second appeal:-

(I) Whether the plaintiff has
been able to prove that the
concerned suit property was
acquired by Jagdeo Sao out
of the joint family fund ?
(II) Whether it can be presumed
that the part of the suit
property acquired by wife
of Jagdeo Sao, namely,
Shriti Devi also belonged
to the joint family?

                                (III) Whether              a      property
                                         standing    in the name        of
                                         female can be held to be
                                         belonging       to the joint
                                         family ?
                                (IV) Whether         the        concerned

deed of gift is void due to
2

the fact that it has been
executed without
permission accorded by the
consolidation authority?

Issue appeal notice to the non-appearing

respondent under ordinary process as well as

registered cover with acknowledgement due on

requisites etc. being filed within one week, failing

which, this appeal shall stand dismissed as against him

without further reference to a Bench.

Call for the lower court records.

(Dr. Ravi Ranjan, J.)
Spd/-