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Ganeshi th. LRs & Ors. vs. Ashok & Anr. (SC)

26.00 2.60

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Specific Relief Act, 1963–Sec. 34–Code of Civil Procedure, 1908–Sec. 100–Suit for declaration–Decreed by trial Court–Findings were reversed by first appellate Court–View of first appellate Court that the land in dispute was not ancestral as there was no proof that the land had descended from the
father of deceased–Concurrent findings of facts should not be interfered by High Court in the second appeal– Further view of first appellate Court that a family settlement is not a transfer of property–Correct view–Held, order of first appellate Court deserves to be restored.