Unknown vs Dev Singh And Others"
2022 Latest Caselaw 275 UK

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      17.02.2022                        SA No.19 of 2022
                                        Hon'ble Alok Kumar Verma, J.

This second appeal has been filed against the judgment and decree dated 15.12.2021, passed by the learned Additional District Judge, Khatima, District Udham Singh Nagar in Civil Appeal No.78 of 2019, "Vijendra Singh vs. Dev Singh and Others", whereby, the first appeal filed by the appellant-plaintiff has been dismissed.

The said first appeal was filed against the judgment and decree dated 21.11.2019, passed by the learned trial court in Original Suit No.160 of 2013 "Vijendra Singh vs. Dev Singh and Others", whereby, the original suit was dismissed.

Heard Mr. I.P. Kohli, learned Counsel for the appellant through video conferencing.

The learned counsel for the appellant has relied upon a judgment dated 07.03.2019 of the Hon'ble Supreme Court, passed in Civil Appeal No.2553 of 2019, "Babu Ram vs. Santokh Singh (deceased) through his LRs and Others".

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

(i) Whether the courts below have erred in Law in holding that provisions of Section 22 of the Hindu Succession Act, 1956 are not applicable over an agricultural land?

(ii) Whether an ancestral property in the hand of father could be disposed of by the father of the appellant without there being any consent, express or implied, when the appellant had accrued right over the same in the ancestral property by birth?

Issue notice to the respondents. Steps to be taken within a week. Post this case on 18.04.2022. In the facts and circumstances of the case, the respondents are directed not to create any third party interest in the property-in-question till the next date of listing.

(Alok Kumar Verma, J.) 17.02.2022

Neha