Vivek Tiwari vs Bharatlal Tiwari
2022 Latest Caselaw 588 Chatt

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                          HIGH COURT OF CHHATTISGARH, BILASPUR
                                                Order Sheet
                                           SA No. 174 of 2021
                     Vivek Tiwari & Others Versus Bharatlal Tiwari & Others



02.2.2022          Mr. Anurag Singh, Advocate on behalf of Mr. Manoj Paranjpe , Advocate for the
            Appellants.

                   Mr. Sanjeev K. Agrawal, P. L. for the State.

                   Heard on admission.

                   The appellant has preferred the instant Second Appeal assailing the judgment and
            decree dated 16.07.2021, passed by 4th Additional District Judge, Bhatapar, District Baloda
            Bazar (C.G.) in Civil Appeal No. 5A/2017 and Judgment & decree dated 20.03.2017 passed
            by the Civil Judge Class-I, Bhatapara, District- Baloda Bazar- Bhatapara (C.G.) passed in
            Civil Suit No. 17A/2014.

                   Learned counsel for the appellant would submit that the learned trial Court has
            recorded a finding that the plaintiff and the defendants have suit land is ancestral property
            and since the defendant has already sold his share of property, therefore, the
            plaintiff/appellants are entitled to get the share to the extent of their own share. These
            findings assailed by the defendant by filing of appeal the appellate Court has reversed the
            judgment & decree and recorded a perverse finding at paragraph 14 that since the plaintiff
            No. 3 does not belong to category of Co-partioner as per Mithakshara, branch of Hindu Law.
            They are not entitled to get any share of the property till Bharatlal Sharma died. Learned
            counsel for the appellant would submit that this finding is contrary to the provision of Section
            6 of the Hindu Succession Act, 1956 which provides devolution of Co-partioner' property
            despite the specific finding that the suit land is ancestral property.

                   The appeal is admitted for hearing on the following substantial questions of law:-


                          "(1). "Whether the learned First Appellate Court was justified in reversing
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                      the well reasoned finding recorded by the learned trial Court with
                      regard to the entitlement of share of the property by the appellants
                      ignoring the provision of Section 6 of The Hindu Succession Act,
                      1956 as suit land is ancestral property?"


           Issue notice to the respondent/s by ordinary course as well as by registered post on

payment of P.F.

Process fee be paid within 10 days.

Registry is directed to send copy of this Order to respondents along with the notice issued to them.

Also heard on I. A. No. 01, application for grant of stay.

Considering the facts & circumstances of the case and the reasons mentioned in the application (I. A. No. 01) judgment and decreed passed by the First Appellate Court shall remain stayed till the next date of hearing.

List this case after six weeks.

Sd/--

(Narendra Kumar Vyas) Judge

Amita