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Issues involved: Challenge to judgment by learned Single Judge of Madhya Pradesh High Court regarding nullifying sale deed and permanent injunction of land, determining ownership of joint ancestral property, validity of marriage between defendant No. 1 and Radhika Singh.
Issue 1: Ownership of joint ancestral property The suit was filed by the respondents to nullify a sale deed and claim ownership of joint ancestral property. Plaintiffs claimed that disputed property belonged to them as sole owners after deaths of Radhika Singh, Sunder Singh, and Dadau Singh. Defendants contested, asserting rights based on marriage between defendant No. 1 and Radhika Singh, claiming she had legitimate claim over the property. Trial court dismissed the suit, but the first appellate court allowed the appeal, leading to further challenge before the High Court. Issue 2: Validity of marriage between defendant No. 1 and Radhika Singh The High Court examined the evidence and found the first appellate court's conclusion regarding the marriage between defendant No. 1 and Radhika Singh to be unsupported by material. It noted the continuous living together of defendant No. 1 and Radhika Singh, but rejected the claim that they were married during the lifetime of defendant No. 1's previous husband. The High Court emphasized the importance of evidence and presumption of marriage under the Indian Evidence Act, ultimately setting aside the judgments of the first appellate court and the High Court, restoring the trial court's decision. Conclusion: The High Court's judgment addressed the issues of ownership of joint ancestral property and the validity of marriage between defendant No. 1 and Radhika Singh. It emphasized the need for evidence and proper application of legal principles in determining these matters. Ultimately, the High Court set aside the previous judgments and restored the trial court's decision, allowing the appeal with no order as to costs.
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