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2014 Supreme(Chh) 295

SANJAY K.AGRAWAL
Butaki Bai – Appellant
Versus
Sukhbati – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff:Prafull N. Bharat, Advocate.
For Respondents/Defendant:Ashish Surana, Advocate.

JUDGMENT

Sanjay K. Agrawal, J.

1. The substantial questions of law formulated and to be answered by this Court in defendants' second appeal are as under:-

(i) Whether in view of the bar contained in sub-section (2) of Section 2 of Hindu Succession Act, the lower appellate Court was justified in applying the provisions of Hindu Succession Act in the present case?

(ii) Whether in view of the admissions made by the plaintiff in paragraph 7 of her testimony, the lower appellate Court was wrong in holding that no custom relating to disentitlement of a female to inheritance of the property existed?

For sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the trial Court.

The imperative facts required for determination of this second appeal are as under:-

1.1 The following is the Genealogy, demonstrating relationship of the parties:-


1.2 The suit land mentioned in Schedule-A, 8.37 acres of agriculture land situated at Gram Jojal, Tahsil Jagdalpur, District Bastar, attached with the plaint and suit house situated at Hikmipara, Tahsil Jagdalpur District Bastar, Sheet No. 47, Plot No. 38/1, area 1722 were originally held by late Shri Laxman. Lax












































































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