Court No. - 19 Case :- SECOND APPEAL No. - 847 of 2010 Petitioner :- Smt. Munni Devi & Others Respondent :- Smt. Anita Mishra & Another Petitioner Counsel :- Bhanu Bhushan Jauhari Hon'ble Pankaj Mithal,J.
The contention of the learned counsel for the plaintiff appellants is that Smt.
Kishori Devi had transferred her entire land in favour of the plaintiff
appellants by sale deed dated 15.1.1980. She expired in the year 1984.
Therefore, there is no question of any further transfer by her in the year 1990
in favour of the defendant respondents. The Court of first instance though
recorded a finding that she had transferred the entire property in favour of the
plaintiff appellants dismissed the suit on the ground that the dependent
respondents have acquired right in the property in dispute vide sale deed dated
21.8.1990 by Smt. Kishori Devi after discarding her death certificate of the
year 1984. The appellate court has affirmed the judgment and order passed by
the court of first instance. The appeal raises the following substantial
questions of law:-
1) Whether after a finding has been returned that Smt. Kishori Devi had
transferred all her property in favour of the plaintiff appellants in the year
1980 unless the defendants prove that she had still some property left with her
for sale, the courts below were not justified in believing the sale deed dated
21.8.1990?
2) Whether the court below erred in law in disbelieving the death certificate of
Smt. Kishori Devi and in holding her to be alive in the year 1990 ignoring the
provisions of Section 571,571(A) and 571(B) of the Municipal Corporation
Act, 1959.
admit.
Issue notice.
Until further orders of this Court, parties are directed to maintain status quo
with regard to possession and nature of the land.
Order Date :- 13.8.2010
SKS