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2013 Supreme(Chh) 22

T.P.SHARMA
Rajni – Appellant
Versus
Basudev Narayan Singh – Respondent


Advocate Appeared
Mr. A.K. Prasad, Advocate, for the Appellant.
Mr. Awadh Tripathi with Mr. Avinash Singh, Advocates, for the Respondents No. l.a to 1.g.
Mr. Devesh Verma, Panel Lawyer, for the State/respondent No.2.

JUDGMENT

1. This second appeal under Section 100 of the Code of Civil Procedure, 1908, filed against judgment & decree dated 14-8-97 passed by the Additional District Judge, Manendragarh in Civil Appeal No.18A/95, affirming judgment & decree dated 31-7-95 passed by the Civil Judge Class-II, Manendragarh in Civil Suit No.3A/94, whereby the trial Court has dismissed the civil suit for declaration of title and permanent injunction, has been admitted for consideration on the following substantial questions of law:-

(1) Whether the finding recorded by the Court below that the appellant was mistress of Navrang Singh; is perverse, as it is based on material which is not germane to decision of that fact?

(2) Whether the respondent No.1 has proved the execution of will dated 4-8-85, Ex.D-1, in accordance with law?

(3) Whether the document, Ex.D-1 has been proved beyond all reasonable suspicion, to be the will of Nawrang Singh Gond, in favour of the respondent No.1?

2. As per plaint allegations, the appellant herein, legally wedded wife of Navrang, has inherited the property left by her husband Navrang, but respondent No.1 - relative of Navrang, has succeeded in mutation of his name in the revenu



































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