MANGRI BAI Vs. DHANI

JUDGEMENT

(1.) BY this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for short 'CPC'), the appellants have challenged the legality and propriety of the judgment & decree dated 16.2.1995 passed by the Additional District Judge, Jashpurnagar, in Civil Appeal No.10-A/98, reversing the judgment & decree dated 17.1.1990 passed by the Civil Judge Class-II, Jashpurnagar, in Civil Suit No.155A/87, whereby the Civil Judge Class-II has dismissed the suit filed on behalf of the respondents/plaintiffs against defendant Nawas i.e. predecessor-in-title of the present appellants for declaration and possession of the suit property.

(2.) THE present second appeal has been admitted for consideration on 18.4.95 on the following substantial question of law:-

(3.) ON the other hand, learned counsel for respondents No.1 and 2 opposed the appeal and argued that original defendant Nawas was under obligation to prove the fact that he was son of Ganga and not Tetangu was upon him but he has failed to discharge his burden. He has also failed to prove the fact that how his name was corrected in revenue record and whether village Purnanagar was part of Udaipur State. His mother was alive, but reason best known to him he has not examined his mother in his favour. ON the basis of aforesaid infirmity in evidence of Nawas and evidence adduced on behalf of the respondents, the lower appellate Court has rightly reversed the judgment & decree of the trial Court.