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2021 Supreme(Chh) 341

SANJAY K.AGRAWAL
Jhuli – Appellant
Versus
Patru – Respondent


Advocates Appeared:
For the Appellant : Rishi Mahobia
For the Respondents: J.K. Saxena and Ravi Kumar Bhagat, Dy. GA

JUDGMENT :

Sanjay K. Agrawal, J.

1. This second appeal preferred under Section 100 of the CPC by the appellants herein/plaintiffs was admitted for hearing by formulating the following three substantial questions of law on 3-1-2014:-

    "1. Whether the two Courts below have committed an error of law in holding that Jhuli, the plaintiff No. 1 is not Gharjiha Daughter of Chilbilo?

2. Whether the two Courts below were justified in holding that there was no custom in the caste of the plaintiff of married daughter inheriting property of the deceased father?

3. Whether the two Courts below were justified in not appreciating the fact that as per the evidence D/1 and D/3, the partition between the four sons of Pandu had taken place?"

[For the sake of convenience, parties hereinafter will be referred as per their status shown and ranking given in the plaint before the trial Court.]

2. The suit property situated at Village Kaliya, Tahsil Bagicha, District Jashpur shown in Schedule A of the plaint was originally held by Pandu. Pandu had four sons namely, Padra, Lallu, Chotto and Chilbilo. The original plaintiffs are daughters of Chilbilo. Chilbilo had no son, whereas the defendants are sons of Padra, L

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