MILVANTEEN BAI Vs. DEVKIBAI

JUDGEMENT

(1.) This second appeal preferred by the plaintiffs under Section 100 of the CPC has been admitted by formulating the following substantial questions of law for determination:

(2.) The suit property was held by one Gwal Yadav. Plaintiff No.1 claims to be his first wife married in chudi form and plaintiff No.2 claims to be daughter out of the wedlock of Gwal with plaintiff No.1, whereas defendant No.1 claims that he is adopted daughter of Gwal. Plaintiff No.1 claiming to be the wife of Gwal married in chudi form with Gwal and plaintiff No.2 daughter of Gwal out of his marriage with plaintiff No.1 filed a suit for declaration of title and declaring the entry in naamantaran panji dated 28-3-1994 as unsustainable and bad in law in which defendant No.1 claimed to be the adopted daughter of Gwal. The trial Court after appreciation of oral and documentary evidence on record dismissed the suit that plaintiff No.1 has failed to prove herself to be the legal heir of Gwal being wife, but simultaneously, also held that defendant No.1 has also failed to prove herself to be the adopted daughter of Gwal against which the plaintiffs preferred first appeal which has also been dismissed by the first appellate Court and against which this second appeal has been preferred in which substantial questions of law have been formulated which have been set-out in the opening paragraph of this judgment.

(3.) Mr. Raja Sharma, learned counsel appearing for the appellants herein / plaintiffs, would submit that since defendant No.1 has admitted in para 19 of her written statement that she is daughter of Gwal, therefore, she is entitled to succeed the property of late Gwal. He would further submit that the second substantial question of law would not arise for consideration, as defendant No.1 has not preferred any cross-objection.