Krishna Deo Rai & 6 Others vs Lal Chanda & 2 Others
2017 Latest Caselaw 6957 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 
Case :- SECOND APPEAL No. - 1148 of 2017
 
Appellant :- Krishna Deo Rai & 6 Others
 
Respondent :- Lal Chanda & 2 Others
 
Counsel for Appellant :- Anoop Baranwal,Dharmpal Singh
 
Counsel for Respondent :- Shivasare
 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the appellants, learned counsel for the respondent no. 1  and perused the record.

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

1.  Whether appellate court below erred in presuming against non-partition merely on the basis of commission report and some measurement lacuna occurring in the property in question particularly when from the oral evidence of p.w-1, p.w.-2 and p.w.-3, the family partition between the parties is proved ?

2.  Whether withholding of the plaintiff himself from the witness box and thereby denying the defendant an opportunity for cross- examination of himself result into miscarriage of justice and an adverse inference being drawn ?

3.   Whether the finding recorded by the lower appellate court on the issue of joint ownership is vitiated in law particularly when admittedly the defendant no. 4- appellants are in possession on the share of Vaijnath by making shop of medicine over it with the consent of all the parties and there is no question of such situation unless there is consensus between the parties on the family partition and this fact along with other evidence goes to proof the family partition and whether contrary finding recorded by the 1st appellate court are based on complete misreading of evidence on record ?

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, the parties are directed to maintain status-quo of the property in suit.

Order Date :- 16.11.2017

Gss