First Appeal from Order dismissed. The AHC-LKO held that the judgment remanding the cancellation suit was sustainable as the trial court erred in not proving the will deed under Evidence Act and regarding the validity of the sale deed executed by the appellant.
First Appeal from Order dismissed. Judgment and decree dated 11.01.2024 set aside.
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Neutral Citation No. - 2024:AHC-LKO:19793
Court No. - 4
Case :- FIRST APPEAL FROM ORDER No. - 70 of 2024
Appellant :- Ram Sanehi Gupta Respondent :- Mahesh And 3 Others Counsel for Appellant :- S.Mohd Kazim,Pramod Kumar,Syed Jamal Ahmad
Hon'ble Rajnish Kumar,J.
the respondents no.1 and 2 was filed. The father of respondents no.1 and 2 had claimed the right on the land in dispute on the basis of Will deed dated 14.08.2003. The Will deed was unregistered. To prove the Will deed the attesting witness of Will deed, namely, Shyam Manohar was produced as P.W.3. However it appears that at some places he said that he was illiterate and he did not know as to what was written in the Will deed and as to whether the blank papers were got signed from Laxmin Narain or not, whereas he specifically deposed that the Will deed was written before him on 14.08.2003 and Laxmi Narain, after going through the same, had put his signatures, thus the Will Deed was proved in accordance with Section 68 of the Evidence Act, but the learned Trial Court considering the evidence of P.W.3 to the effect that he stated that he does not know as to whether the photo of the executor was pasted on the Will deed or not and the aforesaid minor discrepancies and that the land in dispute has been mutated in favour of Laxmi Devi held that the Will deed could not be proved. The appellate court considered the same and found that trial court has passed the order without considering the aforesaid issues.
the sale deed has been found to have been validly executed.
. ....................................... .(Rajnish Kumar,J.) Order Date :- 5.3.2024 Banswar
Digitally signed by :- RAM NARESH BANSWAR High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the first appeal filed under Order 41 Rule 1(u) of CPC challenging the judgment of the Additional District Judge is sustainable.
Whether the trial court correctly found the will deed provable under Section 68 of the Evidence Act.
Whether the sale deed executed in favour of the appellant was validly executed.
2 provisions across 2 enactments
Ram Sanehi Gupta
Mahesh
OT 2 Others
Rajnish Kumar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
