DINKAR RAO Vs. BHAGUNI BAI

JUDGEMENT

(1.) BY this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short 'CPC'), the appellant has challenged legality and propriety of the judgment & decree dated 5.4.1995 passed by the Additional District Judge, Dhamtari, then District Raipur, in Civil Appeal No.1A/91, reversing the judgment & decree passed by the Civil Judge Class-I, Dhamtari, in Civil Suit No.151A/85, whereby the Civil Judge Class-I has dismissed civil suit filed by respondents No. 1 to 4/plaintiffs for declaration of partition, possession and permanent injunction and by allowing the appeal the lower appellate Court has decreed the suit in favour of respondents No.1 to 5.

(2.) THE present second appeal was admitted on 16.10.96 on the following substantial questions of law:- i) "Whether in view of the fact, PW-1, Sajan Bai admitted in her statement that Kushalrao was in sound physical condition prior to one month of his death. ii) Whether the finding recorded by the lower appellate Court is perverse. iii) Whether the lower appellate Court, in view of admission of PW-1, Sajan Bai the burden of proof on the appellant was wrongly placed.

(3.) I have heard learned counsel for the parties, perused the judgment & decree impugned, judgment & decree of the trial Court and records of the Courts below.