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jatin sharma (LAWYER)     12 March 2010

final appeal in high court

hi, the facts of the case is that. bandhu  ram was a person who purchased a land in 1945 with registered sale deed, he was only a one daughter  usha rani . after that he was given the land to his relative for residential purpouse without any rent. bandhu ram was died after that long time in 1965. he was died intestate (without making a will) that relative is in possession and the first case was filed by usha rani  in 1998 for the possession and mandatory injunction of land. the court was decided the case in favour of defendent on the judgement which is said if any person in possession of 12 yaer he will be owner of the property like that  iam not sure about it. after that she was filed a first appeal in session court but the court also dismissed her appeal and on the pending of the appeal,  she was died, her legal heir was defend the appeal.  the court was frame a issue but he was only give a decision on the grounds that the bandhu ram not in possession and the usha rani not her legal heir . because she was not got any document which can be proved that she was legal heir of bandhu ram but she was a document of birth which show that she was a daugther of him but in old time on birth certificate  the name of the lady was not mention so the court  did not given our attention  on it . after that the court given the jugdement in the favour of respondent on the ground that he was in the possession on the land. can they filed a appeal in high court and what will be result of it.



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 2 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     12 March 2010

Yes second appeal can be filed before high Court.

But concurrnet judgment is there against them.

Therefore the second appeal will be decided only on the basis of question of law.

What is the question of law in this case?

jatin sharma (LAWYER)     13 March 2010

sir can u tell me what is the Q of law in second appeal and how can we find it in jugdment.


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