Nandilal vs Jeevanlal
2022 Latest Caselaw 6414 MP

                                                                           1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                    SA No. 1578 of 2020
                                                                (NANDILAL Vs JEEVANLAL AND OTHERS)

                                   Dated : 28-04-2022
                                           Shri Sanjay Sarwate, Avocate for the appellant.

                                           Shri Swatrant Pandey, P.L. for the State.
                                           Heard on the question of admission.
                                           Appeal is admitted for final hearing on the following substantial questions of
                                   law:-

                                                       (i)     Whether the learned courts below
                                                       have misread and misconstrued the oral and
                                                       documentary evidence holding that the suit
                                                       property is not an ancestral property?

                                                  (ii)   Whether Provisions of Section 91 and 92 of
                                                  Evidence Act and Article 58 of the Limitation Act,
                                                  having wrongly been applied by the Courts below
                                                  thereby vitiating the impugned judgment and decree
                                                  ? and
                                                 (iii)    Whether the finding that, Lasaru and Saddi
                                                 have got the suit property in partition as such the same
                                                 is self acquired, is arrived at by misreading of
                                                 pleading and relying on an inadmissible evidence?
                                           Issue notice to the respondents on payment of PF within seven working

days by both the modes. Notice be made returnable within four weeks.

List after four weeks The parties are directed to maintain the status-quo till the next date of hearing.

C.C. as per rules.

(ARUN KUMAR SHARMA) JUDGE

pn

Signature Not Verified SAN

Digitally signed by PANKAJ NAGLE Date: 2022.04.28 16:54:58 IST