DAYALRUM Vs. GUHARIRAM

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered by this Court in this plaintiff's second appeal are as under :-

(2.) The imperative facts required for determination of above stated substantial questions of law are as under :-

(3.) The trial Court after appreciating the oral and documentary evidence on record decreed the suit in favour of the plaintiffs holding that the plaintiffs are the title holder of the suit land and even otherwise, the defendant No. 1 has relinquished his share in the suit property by Ikrar Nama dated 24.06.1986 (Ex. P/3). On appeal being preferred by defendant No. 1, the First Appellate Court set aside the judgment and decree of the trial Court and held that defendant No. 1 being the son of Budhantin Bai would succeed the property as per Class 1 heir under Section 8 of the Hindu Succession Act, 1956 (hereinafter referred to as, "Act of 1956") and further held that the unregistered Ikrar Nama relinquishing his share is inadmissible in evidence and, therefore, dismissed the suit.