Surendra Singh vs Raminiya Singh
2022 Latest Caselaw 3625 MP

                                                                          1
                                                The High Court Of Madhya Pradesh
                                                          SA No. 779 of 2013
                                                         (SURENDRA SINGH Vs RAMINIYA SINGH AND OTHERS)

                                  Jabalpur, Dated : 14-03-2022
                                          Mr. S. Verma, learned counsel for the appellant.

                                          Ms. Chandrakanta Pal, learned Panel Lawyer for the State.
                                          Mr. Avinash Zargar, learned counsel for the respondents.

Record of both the courts below has been received. Heard on the question of admission.

This appeal is admitted on the following substantial questions of law:-

i. " Whether the learned appellate Court below was right in disbelieving the document Ex.P/6 i.e. the will dated 30.08.1978 executed by late Chhakodi Singh in favour of the present appellant ?.

ii. Whether the learned lower appellate Court below has committed a grave error in not appreciating the dictum laid down in the case of Rajesh Vs. Keshar Singh, I.L.R. 2012 (M.P.) which mentions that if there is no male issue in the family and the property is self-acquired one, then in such eventuality, it is the choice of the said person to give the property to anyone. However, the said aspect of the matter has been overlooked, which renders the judgment and decree vitiated

in law?."

List this matter in the week commencing 18.04.2022. Interim relief, if any, shall remain in operation till the next date of hearing.

(ARUN KUMAR SHARMA) JUDGE

julie

Signature Not Verified SAN

Digitally signed by JULIE SINGH Date: 2022.03.15 12:09:35 IST