Heeralal vs Deleted (Smt. Devki Bai ) Through ...
2021 Latest Caselaw 1049 Chatt

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                                       Order Sheet

                                    SA No. 88 of 2012

          Heeralal Versus Deleted (smt. Devki Bai ) Through Legal Heirs & Ors.

SB
Hon'ble Shri Justice Sanjay K. Agrawal




   12.07.2021         Proceedings of this matter have been taken up through video

                conferencing.

                      Mr. Prafull N. Bharat, Senior counsel alongwith Mr. Keshav

                Dewangan, counsel for the appellant/defendant No.1.

                      Mr. Aman Kesharwani, counsel for the respondents/plaintiffs.

Heard on admission and formulation of substantial question of law.

This second appeal is admitted and shall be heard on the

following substantial question of law :-

"1. Whether both the Courts below were justified in decreeing the suit filed by the plaintiff on the basis of sale deed Ex.P/1 dated 23.07.1975 by recording a finding that plaintiff is title holder holding that it is 30 years old and, therefore, Section 90 of the Indian Evidence Act, 1872 would be applicable by recording a finding which is perverse to the record?

2. Whether both the Courts below were justified in decreeing the suit on the basis of sale deed dated 23.07.1975 ignoring the provisions contained in Section 4(1) of the Benami Transactions (Prohibition) Act, 1988?

3. Whether both the Courts below were justified in granting the decree holding that the judgment and decree of Civil Suit No.1-A/90 is not binding on the plaintiff ignoring the fact that no such relief was claimed in the suit?

Issue notice to the respondents/plaintiffs.

Mr. Aman Kesharwani, learned counsel, accepts notice on behalf

of the respondents/plaintiffs.

Let copy of the substantial question of law alongwith memo of

appeal be served to learned counsel for the respondents/plaintiffs within

a week.

List the matter for final hearing expeditiously.

Sd/-

(Sanjay K. Agrawal) Judge

Ankit