Ram Nihal v. Smt. Parmila and 2 Others
Case brief
What is this about?
Second appeal against reversal of a decree dismissing a suit to cancel a registered will. Trial court had held the will valid and the plaintiff not the testator's daughter. Appeal admitted on substantial questions of law regarding perversity of appellate findings and relationship of the plaintiff; status quo ordered on the property.
What did the court decide?
Appeal admitted on two substantial questions of law; interim status quo directed over the property; LCR summoned.
What the court decided
Court No. - 21
Case :- SECOND APPEAL No. - 103 of 2024
Appellant :- Ram Nihal Respondent :- Smt. Parmila And 2 Others Counsel for Appellant :- Anurag Shukla,Arpit Verma Counsel for Respondent :- Onkar Nath Tiwari
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the appellant as well as Sri Onkar Nath Tiwari, learned counsel for the respondents.
The defendants have approached this Court under Section 100 C.P.C. assailing the judgment of reversal passed by the District Appellate Court in Regular Suit No. 16 of 2022 dated 16.04.2022, as a result, the suit for cancellation of sale which was filed by the plaintiff-respondent and was dismissed by means of judgment and decree dated 25.01.2022 passed in Regular Suit no. 295 of 2010 has been reversed and the suit has been decreed.
The submission of learned counsel for the appellant is that the property in question belonged to one Sri Ram Achal. He had executed a registered will in favour of the appellant dated 19.08.2006. The respondent no. 1 claiming to be the daughter of Ram Achal instituted a suit bearing No. 295 of 2010 seeking cancellation of the will dated 19.08.2006 on the ground that the will was misconceived as Sri Ram Achal had died in mysterious circumstances and there was no cogent reason given why he had excluded his daughter.
The suit came to be contested by the appellant inter-alia on the ground that the respondent no. 1 was not the daughter of Ram Achal rather she was the daughter of Ram Naik and for the said reason, she did not have the right to maintain the suit and contest the proceedings.
Issues for consideration
2 issues framed by the court
Whether the first appellate court was justified in reversing the finding on the plaintiff-respondent's relationship to the testator despite documentary evidence placing her in Ram Naik's family regist
Whether the first appellate court's findings suffer from manifest perversity and are against the weight of evidence.
Parties & counsel
- appellant
Ram Nihal
- respondent
Smt. Parmila
Coram
Jaspreet Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- SAPL/103/2024
All orders in this case
11 orders share this CNR
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