Second appeal against concurrent rejection of a suit to cancel a registered sale deed, where the appellant claimed title under an unregistered will. Appeal admitted on a substantial question of law regarding proof of the will; lower court records summoned and matter listed.
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Court No. - 37 Case :- SECOND APPEAL No. - 110 of 2025 Appellant :- Akaram Respondent :- Awadh Narayan Counsel for Appellant :- Dadhi Bal Yadav,Murli Dhar Yadav Counsel for Respondent :- Bhagyawati Verma,Ram Raj Prajapati
Hon'ble Dinesh Pathak,J.
"Whether the courts below have misread and misinterpreted the statement of marginal witnesses and returned perverse finding, despite the fact that will was proved as required under Section 68 of the Indian Evidence Act and Section 63 of the Indian Succession Act ?"
Order on Stay Application :-
Order Date :- 24.3.2025 VR
Digitally signed by :- VIBHA RATAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether the courts below misread the marginal witnesses' statements and returned perverse findings despite the will being proved under Section 68 of the Indian Evidence Act and Section 63 of the India
2 provisions across 2 enactments
Akaram
Awadh Narayan
Dinesh Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
