Smt. Chandrawati vs Chandra Bose & 2 Others
2017 Latest Caselaw 6529 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- SECOND APPEAL No. - 1107 of 2017
 

 
Appellant :- Smt. Chandrawati
 
Respondent :- Chandra Bose & 2 Others
 
Counsel for Appellant :- Rahul Sahai
 
Counsel for Respondent :- Amitabh Agarwal
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellant, learned counsel for the respondent no. 2-caveator and perused the record.

This second appeal is admitted on the following substantial questions of law;

1. Whether the impugned judgment /decree of the lower appellate court stand vitiated for absence of framing necessary issues of determination as mandated U/o 41 Rule 31 of Code of Civil Procedure ?

2.  Whether in the facts and circumstances of the case as well as evidence on record, the sanctity of the registered will dated 27.6.2008 could be challenged by the plaintiff who are outsiders/ third parties, moreover so in the absence of natural heirs of Hoshiyar Singh/ Singari Devi challenging the Same ?

3.Whether the suit of the plaintiff / respondent effectively one of declaration of title was hit not only by section 34 of the Specific Relief Act but was also not maintainable before the civil court being barred by Section 331 of the U.P.Z.A. and L.R. Act ?

Issue notice to the remaining respondents.

Summon the lower court record.

List after receipt of lower court record for final hearing.

Till the next date of listing, parties are directed to maintain status-quo of the property in dispute as on today.

Order Date :- 8.11.2017

Gss