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2019 DIGILAW 694 (JHR)

Bibi Rabiya Khatoon v. Naseem Mian

2019-03-12

S.N.PATHAK

body2019
JUDGMENT : This Second Appeal has been preferred against the Judgement dated 14.09.2016 (decree sealed and signed on 27.09.2016), passed by Learned District Judge, XII, Hazaribag in Partition (Title) Appeal No. 10 of 2011 whereby Judgment and decree dated 18.01.2011 (decree sealed and signed on 29.01.2011, passed by learned Sub-Judge-II, Hazaribag, in Partition Suit No. 72 of 2002 has been upheld and the appeal stood dismissed. 2. The plaintiff is appellant and suit was brought by her for partition claiming her share in schedule-A property and by appointing a Survey knowing Pleader Commissioner, separate Takhata of the plaintiff’s share be carved out and possession be delivered. 3. Mr. Md. Zafar Alam, learned counsel appearing on behalf of the appellant, referring to the grounds mentioned in the memo of appeal submits that the findings of the Courts below are contrary to law and against the weight of materials on record, hence, the judgment and decree is perverse and as such, this appeal may be admitted after formulating substantial question of law as mentioned in memo of appeal. 4. I have heard counsel for the appellant on the point of admission and formulating substantial question of law. After hearing learned counsel for the appellant upto a length and on perusal of findings of fact recorded concurrently by the courts below, I find that findings of fact as recorded by both courts below do not suffer from any illegality or perversity warranting any interference in this appeal and also it is a case of concurrent findings and findings of the facts cannot be interfered by this Court in Second Appeal and as such, no substantial question of law arises for determination in this appeal. Hence it is dismissed at admission stage itself.