MAHETARIN BAI Vs. JIWANLAL

JUDGEMENT

(1.) The appellant has filed this Second Appeal under Sec. 100 of the Code of Civil Procedure, 1908 against the judgment and decree dtd. 22/3/2018 (Annexure A/2) passed by the learned District Judge, Bemetara, District Bemetara in Civil Appeal No. 14-A/2017 by which learned First Appellate Court has partly allowed the appeal and modified the judgment and decree dtd. 17/5/2017 (Annexure A/1) passed by the learned Civil Judge, Class -1 Bemetara in Civil Suit No. 37-A/2014 (Annexure A/1), declared the plaintiff Hirmat Bai as legal heir of late Kejuram being daughter to the extent of 1/3rd share of the property. Learned First Appellate Court has also directed the Revenue Authority to divide the share of Hirmat Bai as per Order 20 Rule 18 read with Sec. 54 of the CPC.

(2.) For the sake of convenience, the parties would be referred to hereinafter as per their status shown in the suit before the trial Court.

(3.) This appeal has been admitted by this Court on 13/7/2018 on the following substantial questions of law:-