Satyadeo Singh And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.757 of 2016 In Civil Writ Jurisdiction Case No.224 of 2008 ====================================================== Satyadeo Singh & Anr ... ... Appellant/s

Versus

The State Of Bihar & Ors ... ... Respondent/s ====================================================== Appearance :

For the Appellants :

Mr. Bamdeo Pandey, Advocate For the Respondent No.5:

Mr. Sanjay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) Date : 22-11-2017 Heard counsel for the appellants and counsel for the private respondent.

Obviously, the story narrated by the appellants in the L.P.A. do not have any foundational basis but it seems to be a more make believe story, which has been built-up to show the ownership and possession over the piece of land.

These aspects have neither been accepted by the D.C.L.R. or the revisional authority and with the concurrent findings, the learned single Judge also refused to interfere. What is of significance is that one land cannot be usufructuary mortgaged twice over when the first mortgage was never redeemed.

Patna High Court LPA No.757 of 2016 dt.22-11-2017 2/2 Obviously, the story of the second mortgage and the gift was introduced to lay claim over the piece and parcel of land without any clear evidence of title and possession.

Appeal has no merit. It is dismissed.

(Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) Pawan/- AFR/NAFR N.A.F.R.

CAV DATE N/A Uploading Date 22.11.2017 Transmission Date N/A