CHHATTISGARH HIGH COURT
P.S. Narayana, J
Jagannath and Others v. Radheshyam and Others
| Table of Content |
|---|
| 1. facts concerning ownership and possession. (Para 2 , 3 , 4) |
| 2. arguments encountered from both sides. (Para 6 , 7) |
| 3. court's analysis of co-ownership and possession principles. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. final decision on the appeal's merits. (Para 17 , 18 , 19) |
1. Final hearing of this second appeal has been taken - up through video conferencing.
2. The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the appellants / defendants are as under: -
"1. Whether the first appellate Court was justified in holding that defendant Nos.1 to 4 had executed a gift deed with regard to the suit property in favour of the plaintiff, by recording a finding which is perverse and contrary to the record ?
2. Whether the first appellate Court was justified in holding that plaintiff is in possession of the suit property and thereby, granting decree for permanent injunction in his favour ?"
[For the sake of convenience, the parties would be referred hereinafter as per their status shown and ranking given in the suit before the trial Court].
3. The dispute relates to the property left by Parau and his wife Sumrit Ba
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