Smt. Summat Bai And Anr vs Sumitra Bai And Ors
2022 Latest Caselaw 1187 Chatt

              T OHIGH COURT OF CHHATTISGARH, BILASPUR
                                   Order Sheet
                               SA No. 210 of 2015
             Smt. Summat Bai And Anr. Versus Sumitra Bai And Ors.



07.03.2022           Mr. H. V. Sharma, Counsel for appellants.

                     Mr. Ashish Gupta, P. L. for the State.

                     Learned counsel for appellants would submit that the Will has been

             relied upon by the learned trial Court which has not been proved in

             accordance with Section 68 of the Evidence Act as the attesting witness

             has not been examined and the findings have been affirmed by the

             appellate Court. He would further submit that the sale deed Ex.P-1 relates

             to sale of Aabadi(Khandahar) land situated at village Mangla Khasra

             No.500, Halka No. 110 village panchayat Mangla whereas the learned trial

             Court has also granted the decree of Khasra No. 700, Rakba 0.22 acre

             which is contrary to the sale deed.

                     The case is arguable and admitted for hearing on the following

             substantial question of law:-

                     "(i) Whether the trial Court as well as the First Appellate Court have

                     committed illegality in relying upon the Will dated 31.01.1988 (Ex.P-

                     10) which has not been proved in accordance Section 68 of the

                     Evidence Act?

                     (ii) Whether the evidence recorded by the learned trial Court

                     regarding sale deed Ex.P-1 as the sale of land area admeasuring

                     Khasra No.700 and Rakba 0.22 Acre has not been done, is

                     perverse and contrary to the record?"

                     Also heard on I.A.No.02/2021, Application for grant of interim relief/

             stay.
               Considering the facts and circumstances of the case, the judgment

        and decree passed by the Court below shall remain stayed till the next

        date of hearing.

              Accordingly, I.A.No.02/2021 stands disposed of.

              Issue notice to respondent No.1 to 9. PF as per rules.

Copy of this order be sent to respondent No.1 to 9 along with the

notice issue to them.

List this case after six weeks.

Sd/-

(Narendra Kumar Vyas)

Judge

parul