LAWS(SC)-2000-9-118

DILBOO Vs. DHANRAJI DEAD

Decided On September 12, 2000
DILBOO Appellant
V/S
Dhanraji (Dead) Respondents

JUDGEMENT

(1.) This Appeal is against an Order dated 13th July, 1982 in a Second Appeal No. 2100 of 1973, wherein the High Court has proceeded to appreciate evidence and on questions, purely of fact, overruled concurrent findings of facts by two Courts below. Cross objections have been filed by the 1st respondent against directions in the impugned judgment to have ascertained, amongst others, the state of the different parts or portions of the suit property and improvements made therein and their value.

(2.) Briefly stated the facts are as follows :

(3.) One Smt. Piyari, claiming to be the nearest heir of the husband of Smt. Laxmina, filed Suit No. 328 of 1908 and made a claim to the suit property. This suit was dismissed on the ground that Smt. Piyari was not an heir of Shri Narayan or of Smt. Lakshamania.