AMAR NATH Vs. KEWLA DEVI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order dated 08.04.2005 of the High Court of Uttar Pradesh at Allahabad wherein the High Court allowed the appeal filed by the respondents and set aside the order passed by the Additional District Judge and upheld the findings of the trial court. The appellant has appealed against the impugned judgment urging various legal and factual contentions, the main contention being that the High Court has allowed the appeal without framing substantial question/questions of law although it is mandatory as per Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred to as the 'CPC').

(2.) The relevant facts of the case in brief are stated hereunder:

(3.) The appellant appealed against the judgment and decree of the trial court by filing a civil appeal under Section 96 of the CPC in the first appellate court, through the Court of the Additional District Judge. The first appellate court held vide judgment and decree dated 01.02.2005 that the appellant had only to prove that he is son of Vaij Nath who was the son of Gaya and he is their legal heir and the trial court, instead of examining important and reliable evidence of the witnesses has rather examined different interested persons, ignoring the records available before it which constituted complete evidence in favour of the appellant. If evidence were that Amar Nath was son of Vaij Nath then automatically the court should have given half portion of the land in dispute to the appellant along with defendant Kewla Devi. The appeal was allowed as the conclusion arrived at by the trial court were not supported by the pleadings and evidence available on record.