CHATTISGARH HIGH COURT
Sanjay K. Agarwal, J.
Kesarmani Das and Others v. Rewati Bai and Others
| Table of Content |
|---|
| 1. rights of plaintiffs over property in dispute. (Para 1 , 2 , 3) |
| 2. arguments on ownership based on sale and mutation. (Para 6 , 7) |
| 3. importance of evidence and adversities in court. (Para 8 , 9 , 10) |
| 4. clarification on legal provisions regarding rectification. (Para 14 , 19) |
| 5. conclusion on dismissal of the appeal. (Para 20 , 21) |
1. The substantial question of law formulated and to be answered in this second appeal is as under: -
'Whether both the courts below were justified in decreeing the suit of plaintiffs filed for declaration of title and permanent injunction ignoring the fact that the plaintiffs did not file the suit for rectification of the sale deed dated 06.08.1963 (Ex.P / 8) under S.26(1)(a) of the Specific Relief Act ignoring the fact that the original seller Ganesh, husband of plaintiff No.1 had given consent for mutation in the name of defendant No.1 in the mutation proceeding duly recorded in Ex.P / 10 dated 05.09.1975 and pursuant to which the name of defendant No.1 was recorded in the revenue record thereby recording a perverse finding?'
[The parties will hereinafter be referred as per their status shown in the suit before the trial court]
2. The imp
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