Subhash Raghunathmal Kochar And ... vs Asha Dharamchand Chhajed And ...
2022 Latest Caselaw 4176 Bom

                                                      1/2                     925-SA 125.2022

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH : NAGPUR

                   SECOND APPEAL NO. 125 OF 2022
        Subhash Raghunathmal Kochar (Dead) through LRs. vs. Asha
                Dharamchand Chhajed (Dead) through LRs.
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Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders.

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Mr. J.J.Chandurkar, Advocate for appellant.

                                        CORAM          :       MANISH PITALE J.
                                        DATE           :       20/04/2022

Heard learned counsel for the appellant.

2. Issue notice, returnable in 08 weeks on the following substantial questions of law :-

1. Whether the properties described in Schedule B Sr.No.1, 2 and 4 can be treated as Joint Hindu Family properties; as there is no cogent evidence on record of Raghunathmal's income from the jewellery business or any other source through which he could buy the said properties ?

2. Whether in the absence of proof of adoption; an entry in the Record of Rights in the name of the plaintiff could act as a conclusive proof to the title of the plaintiff over the property No.3 in Schedule II ?

KOLHE 2/2 925-SA 125.2022

3. Whether the judgments of both the Courts below are vitiated for ignoring the principle embodied in Section 101 of the Indian Evidence Act, inasmuch as the plaintiff had failed to discharge his burden of claim of jointness of the suit properties ?

4. Whether the suit is barred by limitation as it was filed within 12 years of the death of Raghunathmal and Sushilabai in 1959 and 1987 respectively; coupled with the fact that the plaintiff had not raised any objection to the Mutation Entries made in favour of the defendant No.1 with respect to the suit properties for years ?

CIVIL APPLICATION (S) NO. 380 OF 2022

Issue notice, returnable in 08 weeks.

2. Since this Court has framed substantial questions of law while issuing notice in the appeal, there shall be ad-interim stay in terms of prayer clause (1) till the next date of listing.

JUDGE

Digitally signed byRAVIKANT CHANDRAKANT KOLHE Signing Date:21.04.2022 17:38

KOLHE