Heard Sri Suresh Kumar Reddy ... vs Whether Courts Below Are ...
2021 Latest Caselaw 2832 AP

                HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
MAIN CASE NO.: S.A.No.257 of 2021
                                PROCEEDING SHEET
Sl.   Date                                   ORDER                             OFFICE
No.                                                                             NOTE
06 03.08.2021 MVR,J

                       Heard Sri Suresh Kumar Reddy Kalava, learned
                counsel for the appellants.
                       ADMIT.
                       The following are the substantial questions of
                law.
                   1. Whether Courts below are justified in taking the
                       presumption of the nature of the property          as
                       absolute in the hands of deceased covered under
                       Section 14(1) of the Hindu Succession Act even
                       when parties to the suit admitted the oral
                       partition       and     making    arrangement      of
                       maintenance without any right of alienation and
                       if so whether the application of law by the
                       Courts below are justified in law?
                   2. Whether the presumption of life estate given for
                       maintenance can over ride the admission of
                       parties as to enjoyment of the property under
                       oral arrangement can be treated as absolute
                       right and if so whether Courts below are right in
                       dismissing the suit only on the assumption is
                       valid in law?
                   3. Whether the Courts below are justified in
                       dismissing the suit on the assumption that the
                       possession under oral arrangement enlarges
                       under Section 14(1) of the Hindu Succession Act
                       and if so in the absence of any evidence on
                       record      that      the   property   given    under
                       maintenance is free from any restrictions, can
                       the judgment of the court below is perverse and
                       contrary to law?

                       Notice to respondents.

Call for records. List during the 2nd week of November, 2021 along with I.A.No.2021.

_____ MVR,J RR