HEERA BAI Vs. BUDHIYARIN BAI

JUDGEMENT

(1.) From the judgment and decree under challenge in this revision it would appear that the suit preferred by the applicant was for partition and allotment of 1/2 share, wherein the Respondent No. 1 Budhiyarin Bai also filed a counter-claim for partition, damages and allotment of 1/2 share.

(2.) The Trial Court decreed the suit as well as counter claim partly and found that the Plaintiff Heera Bai, Defendant No. 1 Budhiyarin Bai and Respondent No. 2 Ramkunwar are each entitled to 1/3rd share in the suit property. The Trial Court had not awarded any decree for damages. However, the First Appellate Court directed the Plaintiff to pay Rs. 18,000/- as damages to the Defendant No. 1 Budhiyarin Bai who was Appellant before First Appellate Court.

(3.) Section 102 of the Code of Code of Civil Procedure reads as under: