BHUKHAN Vs. KAUSHALYA BAI

JUDGEMENT

(1.) 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 the legally wedded wife recorded by the trial Court and affirmed by the lower Appellate Court is perverse" B. "If yes, whether both the Courts below have erred in decreeing the suit in favour of the plaintiff"

(3.) MR. Arun Kumar Agrawal, Advocate for the appellants, MR. Sanjay Patel, Advocate for the respondent No. 1 & MR. Akhil Agrawal, P.L. for the respondent No. 2/State are heard.