Madhya Pradesh High Court
Ramsakha S/O Paramlal Tiwari Deceased ... vs Shyamsundar Tiwari on 2 May, 2022
Author: Arun Kumar Sharma
Bench: Arun Kumar Sharma
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
SA No. 602 of 2022
(RAMSAKHA S/O PARAMLAL TIWARI DECEASED THROUGH SMT. GEETA BAI AND OTHERS Vs
SHYAMSUNDAR TIWARI AND OTHERS)
Dated : 02-05-2022
Shri Sanjay Sarwate, Advocate for the appellant.
Shri Ramayan Singh, Advocate for the respondents.
Ms. Vibha Pathak, Panel Lawyer for the respondent/State. Heard on the question of admission.
This appeal is admitted on the following substantial questions of law:-
i. Whether the appellate Court below committed a grave error of law in overlooking overwhelming documentary evidence (Ex.P/5) which clearly proves that the suit property was the property of Ganga Prasad and it was divided into 5 equal parts amongst his successors (Param Lal, Ram Milan, Ram Pyaare, Radhika Prasad and Sohodri Bai) ?
ii. Whether the lower appellate Court committed grave error of law by appreciating the evidence in contravention to parole evidence rule culled out under Sections 91 and 92 of Indian Evidence Act by relying on the oral evidence and ignoring the documentary evidence ?
iii. Whether the lower appellate Court committed grave error of law in not drawing adverse inference against the defendants in terms of the presumption raised under Sections 114 and 79 of the Evidence Act in so far as it relates to Exhibit P/5 ?
Till next date of hearing, parties are directed to maintain status quo as it exists today.
List this case for final hearing in due course. Certified copy as per rules.
(ARUN KUMAR SHARMA) JUDGE Vin** Signature Not Verified SAN Digitally signed by VINOD SHARMA Date: 2022.05.05 12:46:02 IST