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2021 Supreme(P&H) 1490

ANIL KSHETARPAL
Baj Singh And Ors. – Appellant
Versus
Nikko @ Jasvir Kaur – Respondent


Advocates Appeared:
Mr. KB Raheja, Advocate, for the Appellant, Ms. Aashna Gill, Advocate, for the Respondent.

ORDER

Anil Kshetarpal, J.

The appellants (defendants in the suit) assail the correctness of the judgment and decree passed by the learned First Appellate Court on 03.03.2008 while reversing the judgment and decree passed by the trial Court. The trial Court had dismissed the suit filed by the plaintiff (respondent) whereas the learned First Appellate Court has decreed the suit.

In the considered view of this Court, the following issues require adjudication:-

1. Whether it is appropriate for a Court to permit a party to press devolution by natural succession; disregarding the Will which is duly proved and established, merely on the basis of suspicious circumstances, in the absence of any such pleadings and consequential failure to lead evidence to prove this assertion?

2. Whether a recital with respect to the delivery of possession in the registered gift deeds along with the signatures/thumb impressions of the donor and the donee are sufficient to prove acceptance of the gift?

FACTS

It would be appropriate to draw a genealogical tree of the family to understand inter se relationship.

2. The parties shall be referred to by their status/name in the civil suit. Nikko @ Jasvir Kaur (the daughte

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