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Mahila Ramkali Devi & Ors. v. Nandram (D) Thr. LRs. & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 2366 of 2010)Decided 14 May 2015
Civil Appeal No. 2366 of 2010
Justice M.Y. Eqbal · Justice Amitava Roy

Background

This order sends the case back; it does not decide the dispute. The appellants sought a declaration of title and possession of land. The High Court had framed three substantial questions of law: limitation, the genuineness of disputed sale deeds, and whether Ramkali Devi is entitled to succeed to the suit property under Section 164 of the M.P. Land Revenue Code.

Decision Breakdown

This is not a final decision on the dispute. The Court affirmed the High Court's findings on limitation and on the genuineness of the sale deeds. On the succession question, it set aside the High Court's finding and sent that question back to the High Court to be decided afresh, taking into account a plaint amendment that the High Court had wrongly refused.

Lesson Learnt

There is no final ruling yet on who inherits the disputed land; that question is before the Madhya Pradesh High Court. Only the issues of limitation and the genuineness of the sale deeds are settled.

Official source (sci.gov.in)View Judgment (PDF)

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