SHIV KUMAR Vs. RAJ KUMAR ALIAS RAJU

JUDGEMENT

(1.) This appeal has been admitted for final hearing on 7-4-2000 on the following substantial questions of law:

(2.) The trial Court, after full fledged trial, by judgment and decree dated 2-8-1994 held that the property mentioned in schedule A belonged to late Amarnath Dubey and the plaintiff No. 1 is the son of Amarnath Dubey and plaintiff No. 2 is the widow of Amarnath Dubey, and the plaintiffs are entitled for 1/2 share in the property mentioned in schedule B. Defendants Shivkumar and Udkunwar challenged the judgment and decree passed by the trial Court in an appeal under Section 96 of the Code of Civil Procedure, 1908 (henceforth 'the CPC').

(3.) The first appellate Court, by the impugned judgment and decree dated 6-2-1999, dismissed the appeal affirming the findings of the trial Court and holding that plaintiffs No. 1 and 2 are son and widow of Amarnath Dubey, respectively and they are entitled for the 1/2 share in the property mentioned in schedule B.