Citation : 2022 Latest Caselaw 2040 MP
Judgement Date : 14 February, 2022
The High Court Of Madhya Pradesh
SA No. 991 of 2021
(DR. HARINARAYAN Vs RAMKANYABAI AND OTHERS)
Indore, Dated : 14-02-2022
Shri Jitendra Bharat Mehta, learned counsel for the appellant.
Heard on the question of admission.
Present appeal is admitted for hearing on the following
substantial questions of law :
(a) " Whether under the facts and circumstances of the
case the decree of lower court could be sustained as it
erred in law in wrongly holding that the disputed lands are
ancestral property on the basis of admission of the plaintiff
in cross examination ignoring the settled law that if father
receives lands in partition then after partition it becomes
father's self acquired property and does not remain
ancestral property 'and hence the admission made against
law are not binding ?"
(b) "Whether under the facts and circumstances of the
case the decree of lower court could be sustained as it
erred ion law in notrelying the judgments of Hon'ble Apex
court reported as AIR 1986 SC 1753, AIR 1987 SC 558,
AIR 2016 SC 1169 and other precedents ?"
Issue notice to the respondent/s on payment of PF within seven
days; returnable within eight weeks.
(ANIL VERMA) JUDGE Digitally signed by AMOL N MAHANAG Date: 2022.02.14 17:50:50 +05'30'
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