Mahangi Devi v. Babban Prasad
Case brief
What is this about?
The High Court allowed the appeal, setting aside lower order for failure to appreciate oral evidence. It remanded the title suit to the trial court for fresh appreciation of evidence within 90 days.
What did the court decide?
Orders dated 20.12.1988 and 29.03.1982 set aside; matter remanded to Trial Court for fresh judgment on appreciation of oral evidence within 90 days.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT PATNA SECOND APPEAL No. 99 of 1989
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- Mahangi Devi Daughter of Late Munar Kamkar, resident of Village Nautan, P.S. Nautan, Dist. Siwan.
- Sarswati Devi, Daughter of Late Munar Kamkar, resident of Village Nautan, P.S. Nautan, Dist. Siwan.
- 3.1. Saraswati Devi Widow of Late Kanhaiya Kumar, resident of Village and Police Station-Nautan, District-Siwan.
- 3.2. Gayatri Devi, daughter of Late Kanhaiya Kamkar and wife of Bankey Lall Prasad, resident of Village-Mohanpura, P.S. Mirganj, District-Gopalganj.
- 3.3. Shail Devi, daughter of Late Kanhaiya Kamkar and wife of Khublal Prasad, resident of Village-Chhotka Manjha, P.S. Mairwa, District-Siwan.
- Bitandi Kamkar, S/o Late Chhingur Kamkar, resident of Village Nautan, P.S. Nautan, Dist. Siwan.
... ... Appellant/s
Versus
Issues for consideration
2 issues framed by the court
Whether the judgment and decree passed by the court below is bad in law for non-consideration of oral evidence.
Whether substantial questions of law pertaining to benami or farzi transactions require adjudication when parties refrain from arguing on them.
Parties & counsel
- appellant
Mahangi Devi and others
- respondent
Awadhesh Prasad and others
Coram
Dr. Anshuman
Case details
As recorded by the court registry
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