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2022 Supreme(All) 1111

CHANDRA KUMAR RAI
Ureha – Appellant
Versus
Bharose (Since deceased) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Anand Kumar Srivastava.

JUDGMENT :

1. Heard Sri Anand Kumar Srivastava, learned counsel for the appellants.

2. This second appeal has been filed on behalf of the plaintiffs under Section 100 of the Code of Civil Procedure, against the judgment and decree dated 7.4.2016 and 16.4.2016 respectively, passed by the Additional District Judge, Court No.4, Basti, dismissing the Civil Appeal No.70 of 2013, arising out of Original Suit No.571/1988, wherein the trial court vide judgment and decree dated 28.10.2013 and 9.11.2013 respectively, dismissed the plaintiff's suit for permanent injunction and cancellation of sale deed.

3. The appellants have formulated the following substantial questions of law in the memorandum of the second appeal:-

    (a) Whether the ancestral property inherited by the defendant no.1 can be disposed of by sale deed to his in-laws son in the life time of his wife (plaintiff)?

(b) Whether the issue nos. 1, 10 and 12 have wrongly been decided by the courts below against the weight on the evidence on the record?

(c) Whether the will dated 10.2.1994 once decided by the trial court valid, after examining the evidence of the parties and no appeal was preferred by the defendants against the same, therefor

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