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2019 Supreme(Chh) 891

SANJAY K.AGRAWAL
KAYASO (DEAD) – Appellant
Versus
BAIJNATH @ KHEDU (DEAD) THROUGH LR – Respondent


Advocates Appeared:
Ashok Kumar Shukla, Adv., Sunil Tripathi, Adv., Shivali Dubey, Adv.

JUDGMENT

Sanjay K Agrawal, J. - This second appeal under Section 100 of the CPC preferred by the sole plaintiff / appellant herein was admitted by formulating the following substantial questions of law: -

"1. Whether the two Courts below were justified in holding that the Gift Deed was not properly executed so as to reject the claim of the plaintiff?

2. Whether the finding of the two Courts below is contrary to the evidence which have come on record and also on not proper appreciation of the admitted facts from the defendants themselves regarding the execution of the Gift Deed?"

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

2. The suit property which is mainly agricultural land total admeasuring 39.02 acres was settled in favour of Jitanram Gond, S/o Shivcharan Gond in Surguja Settlement as per the Final Report of the Settlement Officer on the Original Survey and Settlement Operations in the Surguja State for the year 1937-46 vide Ex.P-15. He had two daughters namely, Kayaso and Mayaso and one son Mansai. On 1-2-1955, he executed two registered gift deeds one in favour of the plaintiff herein - K

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