CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J.
Divya Deand Others v. Kamla Bai and Others
| Table of Content |
|---|
| 1. parties involved in property dispute. (Para 2 , 3 , 4 , 5) |
| 2. arguments regarding document admissibility. (Para 6 , 7) |
| 3. court's observations on evidence and law. (Para 9 , 11 , 12 , 13 , 14) |
| 4. final judgment and reasoning. (Para 15 , 16) |
| 5. outcome of the appeal. (Para 17 , 18 , 19) |
1. Proceedings of this matter have been taken - up for final hearing through video conferencing.
2. This plaintiffs "appellants'' (herein) second appeal was admitted for hearing by formulating the following substantial question of law, on 28-2 - 2020: -
"Whether the First Appellate Court was justified in holding that Batwaranama (Ex.P - 1) is inadmissible in evidence for want of registration under S.17 read with S.49 of the Registration Act, 1908 ignoring the fact that no such plea was taken by defendant No.8 before the trial Court, by recording a finding which is perverse to the record?"
[For the sake of convenience, parties will be referred hereinafter as per their status shown and nomenclature given in the plaint before the trial Court.]
3. The dispute relates to the suit property bearing Khasra No.7377/1, area 0.27 hectare, earlier owned by Chandulal Dewangan. It is the case of the p
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