Sulaxani And Another vs Sattar Ali And Others
2021 Latest Caselaw 849 Chatt

                                                  1

                                                                                              NAFR

                  HIGH COURT OF CHHATTISGARH, BILASPUR

                              Second Appeal No.474 of 2007

                            Judgment reserved on: 18-6-2021

                               Order delivered on: 5-7-2021

    1. Sulaxani, D/o Mahadeo Jaiswal, Aged about 42 years,

    2. Sukhaman, D/o Mahadeo Jaiswal, Aged about 37 years,

        All Appellants R/o Village Targawan, P.S. Patana, Tahasil Baikunthpur,
        Distt. Korea (C.G.)
                                                                 (Defendants)
                                                                ---- Appellants

                                              Versus

    1. Sattar Ali, S/o Nasir, Aged about 38 years, Caste Musalman,
       Occupation Cultivation, R/o Village Targawan, P.S. Patana, Tahasil
       Baikunthpur, Distt. Korea (C.G.)
                                         (Plaintiff/Appellant in Courts below)

    2. Jasimuddin, S/o Noor Ali (Dead)

    3. Nizamuddin, S/o Subhan Ali, Aged about 52 years

    4. Rashid Mohammad, S/o Noor Ali, Aged about 27 years

    5. Nir Mohammad, S/o Ali Zan, aged about 57 yrs.

        All Respondent No.2 to 5 ex-parte R/o Village Deo Nagar, P.S. &
        Tahasil Surajpur, Distt. Sarguja (C.G.)

    6. State of Chhattisgarh, Through Collector, Korea (C.G.)
                                            (Defendants/Respondents in Courts Below)
                                                                   ---- Respondents

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For Appellants: Mr. Amiyakant Tiwari, Advocate. For Respondent No.1: -

Mr. D.N. Prajapati, Advocate. For Respondent No.6 / State: -

Mr. Ravi Kumar Bhagat, Deputy Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal

C.A.V. Order

1. Proceedings of this matter have been taken-up through video

conferencing.

2. The second appeal was reserved for judgment after hearing learned

counsel for the parties, but it appears from the perusal of record that

there is need of formulating additional substantial question of law

which is formulated hereunder: -

"Whether the first appellate Court is justified in granting decree of the entire suit property in favour of plaintiff Sattar Ali on the basis of Will dated 16-3-1992 (Ex.P-2) ignoring the fact that the testator of the Will namely, Noor Mohammad was a Sunni Mohammad governed by Hanifi law and by virtue of Rules 117 and 118 of the Sunni Hanifi law, "a Mahomedan cannot by will dispose of more than a third of the surplus of his estate after payment of funeral expenses and debts. Bequests in excess of the legal third cannot take effect, unless the heirs consent thereto after the death of the testator."?"

3. Mr. Prajapati accepts notice on behalf of respondent No.1 / plaintiff

and prays for time.

4. Since the matter is of the year 2007, additional substantial question of

law be supplied to Mr. Prajapati within 3 days and list the appeal for

final hearing on 19-7-2021.

Sd/-

(Sanjay K. Agrawal) Judge Soma