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IN THE HIGH COURT OF CHHATTISGARH
Shri B. P. Sharma, Shri Hari Agrawal, JJ
Jhitru (Dead) Through L.Rs. and Others v. Jagdish and Others
| Table of Content |
|---|
| 1. defining the facts and claims surrounding the partition dispute. (Para 1 , 1 , 2 , 3 , 4 , 5) |
| 2. arguments for and against the validity of the partition. (Para 6 , 7 , 8) |
| 3. legal principles governing the reopening of partitions in hindu law. (Para 12 , 13 , 14) |
| 4. conclusion and final ruling of the court on the appeal. (Para 15 , 16) |
1. The substantial questions of law involved, framed, and to be answered in the defendant's second appeal are as under:
'1. Whether the first appellate Court is justified in revoking the partition already made by the ancestors of the parties on the ground of unequal share in the suit property, ignoring the fact that there is no allegation of fraud and unfair dealing in the partition already made?
2. Whether the first appellate Court is justified in revoking the partition which was become final in the life time of the ancestors of the parties?'(For the sake of convenience the parties will be hereinafter referred as per their status shown in the plaint before the trial Court).
2. The following essential facts which are required for answering the substantial question of law are as under:
2.1. The following genealogical tree will demonstrate th
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