Mst. Gonchi Bai (Died) Through ... vs Jalandhar
2022 Latest Caselaw 6773 Chatt

              HIGH COURT OF CHHATTISGARH, BILASPUR

                                Order Sheet

                             SA No. 324 of 2017

 Mst. Gonchi Bai (Died) Through Legal Heirs Versus Jalandhar and Others




11.11.2022         Mr. Prafull N. Bharat, Senior Advocate with Mr. Keshav

             Dewangan, Counsel for the appellant.

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

                   Heard on admission.

                   Perused the judgments of both the Courts below, pleadings

             of the parties and evidence adduced by them before the Trial Court.

                   On due consideration, this appeal is admitted for final

             hearing.

                   Substantial Question of law should be:

                   A. Whether, without there being any pleading with

             respect to adoption, without production of any adoption deed,

             without framing any issue regarding adoption, the Lower

             Appellate Court was justified in holding adoption of Defendant

             No. 1 and consequent conferral of title upon Defendant No. 1?
                 B.    Whether, in view of Section 8 of the Hindu

          Succession Act, plaintiff being Class I heir was having right

          over the property left by his father?

                C. Whether, in absence of pleading with respect to

          adverse possession, when it is any admitted case that the suit

          property belong to Shyam Sundar, conclusion of the courts

          below that the suit is barred by limitation is justified?

                D. Whether, the finding of both the Courts below with

          regard to the limitation is perverse?

                Issue notice to the respondent Nos. 1 to 3.

PF as per rules.

List this case after four weeks.

Sd/-

(Arvind Singh Chandel) Judge

Saurabh