SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(Jhk) 122

ANUBHA RAWAT CHOUDHARY
Lalita Devi W/o Late Yadunandan Mishra – Appellant
Versus
Harihar Mishra S/o Late Chinta Mishra – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. S. K. Sharma, Advocate
For the Respondents:Mr. Kundan Kr. Ambastha, Advocate

JUDGMENT :

1. Heard Mr. S. K. Sharma, counsel appearing on behalf of the appellants.

2. Heard Mr. Kundan Kr. Ambashta, counsel appearing on behalf of the respondents.

3. Counsel for the appellants submits that the present Second Appeal has been filed against the concurrent finding of facts, but there are questions of law which are involved in this case which are as follows:-

(a) Whether the learned courts below have failed to consider that admittedly the family of the plaintiffs and the defendants was a joint family and were having joint family properties, therefore, unity of title was required to be presumed and onus was on the defendants to show that the property standing in the name of defendant no. 2 (Manju Devi) vide sale deed no. 67 dated 03.01.1985 was her self-acquired property?

(b) Whether the learned courts below have failed to consider that there was an admission on the part of the defendants regarding agreement of sale vide registered agreement being deed no. 3281 dated 24.06.1982 to recover the property back, upon payment of consideration amount of Rs. 2000/- which was executed on the same day on which registered sale deed no. 3280 dated 24.06.1982 was executed?

4. From the






































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top