Smt. Urmila Kunwar vs Jay Singh
2022 Latest Caselaw 2041 MP

       The High Court Of Madhya Pradesh


                         SA No. 1516 of 2020
          (SMT. URMILA KUNWAR AND OTHERS Vs JAY SINGH AND OTHERS)



Indore, Dated : 14-02-2022
      Shri V.K.Jain Senior Advocate alongwith Ms. Vaishali Jain,
learned counsel for the appellant/s .
      Ms. Harshlata Soni PL for the respondent/State.

Present appeal is admitted for hearing on the following substantial questions of law :

(i) Whether the learned first appellate Court is right in law in reversing the well-founded judgment and decree passed bythe learned trial Court and the impugned judgment and decree passed by learned first appellate Court are unsustainable in law and on facts ?

(ii) Whether the learned first appellate Court has committed a gross error of law by mis-reading the evidence on record and ignoring important submissions made by the defence witnesses and findings of reversal are perverse also ?

(iii) Whether, the learned first appellate Court is right in law in holding that the suit property is not ancestral or joint Hindu Family property and the suit property could have been validly transferred without the consent of the co-parceners ?

iv) Whether, the learned first appellate Court contrary to the settled position of law that when both parties have adduced their evidence, the case has to be decided on the evidence on record and question of burden of proof is insignificant?

(v) Whether, the learned first appellate Court is right in law in holding that the suit suffered from non-joinder of necessary parties?

(vi) Whether the learned first appellate Court despite clear and clinching evidence on record proving the sale transaction fraudulent and without consideration, was right in law in holding the same to legal and genuine?

Let notice be issued to the respondent/s on payment of PF within seven days; returnable within eight weeks.

I.R, if any to continue till the next date of hearing.

(ANIL VERMA) JUDGE

Digitally signed by AMOL N MAHANAG Date: 2022.02.14 17:51:18 +05'30'