BHUKHAN Vs. KAUSHALYA BAI

JUDGEMENT

(1.) PRONOUNCED by Hon'ble Justice Mr. T. P. Sharma. By this second appeal under Section 100 of the Civil Procedure Code, 1908 (in short 'the Code') appellants have challenged the legality and propriety of judgment and decree of dismissal of appeal dated 9/8/2002 passed by Additional District Judge, Bemetara District Durg (C.G.) in Civil Appeal No. 43-A/2002 affirming the judgment and decreeing the suit for declaration of share of 1/6th of respondent No. 1 over the suit property dated 23/7/1984 passed by Civil Judge Class-2, Bemetara, District Durg in Civil Suit No. 152-A/1984.

(2.) PRESENT second appeal has been admitted for consideration on the following substantial questions of law :- "A. "Whether the finding that Koushalya Bai is tha legally wedded wife recorded by the trial Court is perverse?" B. "If yes, whether both the Courts below have erred in decreeing the suit in favour of the plaintiff"?

(3.) AFTER providing an opportunity of hearing in evidence, trial Court has decreed the suit to the extent of 1/6th share which was affirmed by the lower appellate Court.