LALITA DEVI Vs. HARIHAR MISHRA
LAWS(JHAR)-2019-2-113
HIGH COURT OF JHARKHAND
Decided on February 06,2019

LALITA DEVI Appellant
VERSUS
Harihar Mishra Respondents

JUDGEMENT

Anubha Rawat Choudhary, J. - (1.) Heard Mr. S. K. Sharma, counsel appearing on behalf of the appellants.
(2.) Heard Mr. Kundan Kr. Ambashta, counsel appearing on behalf of the respondents.
(3.) Counsel for the appellants submits that the present Second Appeal has been filed against the concurrent finding of facts, but there are questions of law which are involved in this case which are as follows:- (a) Whether the learned courts below have failed to consider that admittedly the family of the plaintiffs and the defendants was a joint family and were having joint family properties, therefore, unity of title was required to be presumed and onus was on the defendants to show that the property standing in the name of defendant no. 2 (Manju Devi) vide sale deed no. 67 dated 03.01.1985 was her selfacquired property? (b) Whether the learned courts below have failed to consider that there was an admission on the part of the defendants regarding agreement of sale vide registered agreement being deed no. 3281 dated 24.06.1982 to recover the property back, upon payment of consideration amount of Rs. 2000/- which was executed on the same day on which registered sale deed no. 3280 dated 24.06.1982 was executed?;


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