Smt. Sheela Bai vs Ratanlal Kahar
2024 Latest Caselaw 6588 MP

Madhya Pradesh High Court

Smt. Sheela Bai vs Ratanlal Kahar on 4 March, 2024

Author: Anuradha Shukla

Bench: Anuradha Shukla

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                               SA No. 915 of 2018
              (SMT. SHEELA BAI AND OTHERS Vs RATANLAL KAHAR AND OTHERS)

Dated : 04-03-2024
       Shri A. A. Awasthy - Senior Advocate with Ms. Dewangi Tamrakar -

Advocate for the appellants.
       Shri D. S. Parihar - Panel Lawyer for the State-respondent no.7.

Reserved on : 20.02.2024 Pronounced on: 04.03.2024

The arguments of learned counsel for appellants have been heard on admission and the records of the courts below have been perused.

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

"(a) Whether the courts below failed to appreciate the legal propositions applicable to the execution of a valid exchange deed ?

(b) Whether the error was committed by courts below in not examining and giving finding about the title of defendant no.4 allegedly created on the basis of an unregistered exchange in his favour ?

(c) Whether the courts below wrongly passed judgment and decree in favour of original plaintiff, namely Manoharlal Kahar, without examining the fact that no ownership was created in favour of his seller namely, respondent no.4 Halke Bhaiya Gurjar ?"

Let the notices be issued to the respondents by RAD mode on payment of process fee within seven working days, returnable within six weeks.

List the case thereafter.

(ANURADHA SHUKLA) JUDGE ps

Date: 2024.03.05 11:52:11 +05'30'