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HIGH COURT OF MADHYA PRADESH
VIVEK RUSIA, J
PREMNARAYAN – Appellant
Versus
RAMESH – Respondent
| Table of Content |
|---|
| 1. facts regarding property claims and marriage legitimacy are contested. (Para 2 , 3 , 4) |
| 2. the burden of proof regarding marriage legitimacy lies with the appellant. (Para 5 , 6 , 7 , 8) |
| 3. court emphasizes the respect for concurrent findings from lower courts. (Para 9 , 10 , 11 , 12) |
| 4. final ruling reinforces the dismissal of the appeal. (Para 13) |
JUDGMENT
(Delivered on 02.01.2019)
Appellant-plaintiff has filed the present appeal being aggrieved by the judgment and decree dated 24.09.2009 passed by Civil Judge class-I, Narsinghgarh, District Rajgarh and judgment and decree dated 21.1.2012 passed by ADJ, Narsinghgarh by which the civil suit as well as First Appeal both have been dismissed and counter claim of the defendants has been allowed in part.
2. Facts of the case for disposal of this Appeal in short are that plaintiff being the son of Ratanlal filed the suit for the reliefs of declaration and permanent injunction in respect of the suit properties mentioned in para-1 of the plaint. According to the plaintiff, he is the only son of Ratanlal from his first wife-Mathribai. The defendant No.3-Samaribai is not a legally married wife and resulateantly the defendants No
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