CHHEDIRAM Vs. DULESHWARI

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and decree dated 23-03- 2001 passed in Civil Appeal No.5-A/1994, whereby the learned lower appellate Court reversed the judgment and decree of the trial Court and granted decree of declaration and partition in favour of the plaintiff.

(2.) This appeal was admitted for hearing on following substantial questions of law:-

(3.) At the outset, learned counsel for the parties submitted that the question of law has been framed with regard to the finding of the trial Court contained in para 8 & 9 of the judgment in the matter, whereby the learned trial Court recorded a finding on the share, to which, Sirpatiya and his successors were entitled.