Dev Narain v. Hridayram and 7 Others
Case brief
What is this about?
Second Appeal 163 of 2022, Allahabad High Court (Lucknow Bench), decided 14.2.2025 by Rajnish Kumar, J. Suit for cancellation of sale deeds claimed to be products of impersonation after executant Ramnath's alleged death on 15.01.1986; appellant's reliance on respondents' affidavit dated 14.03.1990 admitting that date of death rejected in favour of City Magistrate Sultanpur's order dated 05.12.1997 certifying death on 15.01.1988, which stood unchallenged; courts below's reasoned and speaking orders upheld; no substantial question of law; appeal dismissed at admission stage.
What did the court decide?
The date of death disclosed by the City Magistrate, Sultanpur's order dated 05.12.1997 (15.01.1988) prevails; the date of death mentioned in the earlier affidavit dated 14.03.1990 (15.01.1986) cannot be considered and has no force, particularly as the order dated 05.12.1997 has not been challenged and remains intact.