LAXMAN PRASAD Vs. LAXMI PRASAD AND ORS.

JUDGEMENT

(1.) By this second appeal invoking the jurisdiction of this Court under Section 100 of the Code of Civil Procedure, 1908 (for short 'CPC'), the appellant/defendant No. 1 has challenged the legality and propriety of the judgment & decree dated 21.06.2002 passed by 2nd Additional Judge to the Court of District Judge, Bilaspur, in Civil Appeal No. 3-A/2002, affirming the judgment & decree dated 03.02.2001 passed by 1st Civil Judge, Class-I, Bilaspur. The substantial question of law involved, formulated and to be answered in this second appeal preferred by defendant No. 1 states as under:--

(2.) In order to answer the aforesaid substantial question of law, the facts required to be noticed are as under:--

(3.) The Trial Court after appreciating the oral and documentary evidence on record, vide its judgment dated 03.02.2001 decreed the suit and granted decree for declaration of title, partition and possession in favour of plaintiffs.