Ran Sai And Others vs Smt.Dhebaro Bai And Others
2022 Latest Caselaw 1433 Chatt

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                       HIGH COURT OF CHHATTISGARH, BILASPUR
                                             Order Sheet
                                         SA No. 127 of 2003
                   Ran Sai and Others Versus Smt. Dhebaro Bai and Others




21.3.2022           Ms. Priyanka Mehta, Advocate for the Appellants.

                    Mr. Shakti Raj Sinha, Advocate for the Respondent No. 1.

Heard on admission.

The appellant has preferred the instant Second Appeal assailing the judgment and decree dated 16.01.2003 passed by 1 st Additional District Judge, Sarguja-Ambikapur (C.G.) in Civil Appeal No. 64-A/98 and Judgment & decree dated 24.09.1998 passed by the First Civil Judge, Class-II, Sarguja -Ambikapur (C.G.) passed in Civil Suit No. 44- A/98

Learned counsel for the appellant would submit that the learned trial Court has dismissed the suit relying on the Exhibits D/1, statement of the Buturam which was recorded in the Revenue proceeding before the Tahsildar and D/2 is the order-sheet of the proceeding. Learned counsel for the appellant would also submit that the learned appellate Court has allowed the appeal disbelieving the Exhibits D/1 & D/2.

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

(1). "Whether the learned First Appellate Court was justified in disbelieving the Exhibits D/1 & D/2, ignoring the provisions of Section 33 of the Evidence Act and not declaring the sale deed null & void?"

(2). "Whether the learned First Appellate Court was justified to interfere the well reasoned finding recorded by the learned

trial Court with regard to Exhibit D/6 to be null & Void?"

Mr. Shakti Raj Sinha, learned Advocate appeared on behalf of respondent therefore, no notice is required to be issued.

List this case for final hearing after four weeks.

Sd/-

(Narendra Kumar Vyas) Judge

Amita