Madhya Pradesh High Court
Smt. Aarti Datta (Dead) Thr. Lrs. Smt. ... vs Jagat Pratap Singh (Dead) Thr. Lrs. Smt. ... on 29 August, 2022
Author: Atul Sreedharan
Bench: Atul Sreedharan
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
SA No. 969 of 2020
(SMT. AARTI DATTA (DEAD) THR. LRS. SMT. BENU SEN AND OTHERS Vs JAGAT PRATAP SINGH (DEAD)
THR. LRS. SMT. GAYATRI DEVI AND OTHERS)
Dated : 29-08-2022
Mr.S.K.Bakshi, learned counsel for the appellants.
Learned counsel for the appellants submits that the connected appeal the
S.A.No.522/2020 has been admitted and the substantial questions of law have
been drawn up vide order dated 9.12.2020, which would be the same in this
appeal also.
Under the circumstances, in view of order dated 9.12.2020 in the
connected appeal, the S.A.No.522/2020 the same are adopted as substantial
questions of law also and they are as follows :
"1. Whether, the learned Courts grossly erred in not framing an issue in
respect of the proof of will as required in accordance with Section 63 of the
Indian Succession Act, 1925 read with Section 68 of the Indian Evidence Act,
on the basis of which the title of the plaintiffs rests?
2. Whether the findings of the learned Courts below based on the
demarcation report submitted and on the evidence of the Revenue Inspector are
perverse and unsustainable?
3 . Whether the learned Courts below grossly erred in placing reliance on
the faulty demarcation report, which marks the Khasra Numbers in a haphazard
manner and in violation of the demarcation rules?"
Issue notice to the respondents on payment of process fee within 10
days by both modes. The notices be made returnable within 8 weeks.
Signature Not Verified Signed by: SHYAMLEE SINGH SOLANKI Signing time: 8/30/2022 2:55:47 PM 2Till the next date of hearing status quo shall be maintained by the parties. List this case on 3.11.2022.
(ATUL SREEDHARAN) JUDGE ss Signature Not Verified Signed by: SHYAMLEE SINGH SOLANKI Signing time: 8/30/2022 2:55:47 PM