Late Shri Chandrasingh Alias ... vs Lal Singh
2022 Latest Caselaw 6820 MP

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT INDORE
                                                                   SA No. 674 of 2022
                                      (LATE SHRI CHANDRASINGH ALIAS CHANDAR SINGH S/O GANASYA THROUGH LRS. PYARI BAI AND
                                                               OTHERS Vs LAL SINGH AND OTHERS)

                                   Dated : 06-05-2022
                                         Shri Vinay Saraf, learned senior counsel with Shri Harshwardhan Sharma,

                                   learned counsel for the appellants.
                                         Shri Manu Maheshwari, learned counsel for respondents No.1 to 3.

Counsel for the appellant has placed reliance upon the judgment of the Supreme Court in the case of Santosh Hazari Vs. Purushottam Tiwari reported in

AIR 2001 SC 965.

Counsel for the appellant heard on admission. This second appeal is admitted for final hearing on the following substantial questions of law:-

(1) Whether, the learned appellate court is justified in reversing the findings of trial court without following the principles of reversal laid down by the Hon'ble Apex Court in the case of Santosh Hajari Vs. Purushottam Tiwari (dead) by LRs reported in AIR 2001 SC 965?

(2) Whether, the first appellate court has erred in law in relying upon the

revenue entries for deciding the title in favour of the plaintiff whereas it is a settled principle of law that revenue entries does not create any title?

(3) Whether, the proceedings before the revenue court can be read as an evidence for deciding the issues raised in appeal?

Let notice be issued to respondents No.4 & 5 on payment of PF within 7 days. Notices be made returnable within 8 weeks.

Counsel for respondents No.1 to 3 prays for and is granted time to file reply of the pending IAs.

List in the next week.

Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER (ANIL VERMA) Date: 2022.05.07 18:26:23 IST JUDGE

trilok

Signature Not Verified SAN

Digitally signed by TRILOK SINGH SAVNER Date: 2022.05.07 18:26:23 IST