Baharteen vs Rajendra Kumar
2022 Latest Caselaw 4988 Chatt

               HIGH COURT OF CHHATTISGARH, BILASPUR

                                   Order Sheet

                               SA No. 158 of 2021

        Baharteen and Others Versus Rajendra Kumar and Others




03.08.2022            Mr. Kanwaljeet Singh Saini, Counsel for the appellant.

                      Mr. Tarkeshwar Nande, P.L. for the State/Respondent No. 6.

Heard on admission.

Perused both the judgments of the Courts below and also

gone through the evidence adduced by the parties before the Trial

Court.

On due consideration, this appeal is admitted for final

hearing.

Substantial Question of law should be:

A. Whether, the First Appellate Court was right in

reversing the well-reasoned findings of the Lower Court

passed in the judgment and decree dated 07.03.2020?

B. Whether, the First Appellate Court was right in

holding that the plaintiffs are entitled to 1/6 th share of the

disputed land, particularly when they have not claimed any

relief in this regard?

C. Whether, the judgment and decree passed by the First

Appellate Court is hit by Section 4 of the Prohibition of Benami

Property Transactions Act, 1988?

Issue notice to the respondents No. 1 to 5.

PF as per rules.

Also heard I.A. No. 1, an application under Order 41 Rule 5

of C.P.C. for Stay.

Issue notice to the respondents No. 1 to 5.

PF as per rules.

List this case after six weeks.

Meanwhile, both the parties are directed to maintain Status

Quo of the suit property as on date till the next date of hearing.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh