SAVITRIBAI Vs. VISHESHAR SINGH

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in the defendant's second appeal is as under: -

(2.) The plaintiff filed a suit for declaration that the plaintiff and the defendants are members of aboriginal tribe and the Hindu Succession Act is not applicable to them and the plaintiff & defendant No.2 are title holders and defendants No.1 & 3 have no title over the suit land and also prayed for permanent injunction. The suit was dismissed by the trial Court finding no merit against which first appeal was preferred. The first appellate Court allowed the appeal and converted the suit for declaration of title into suit for partition and granted decree for partition as per Schedule-1 of the decree against which the instant second appeal has been preferred and substantial question of law has been framed which has been set-out in the opening paragraph of this judgment.

(3.) Learned counsel for the appellant herein / defendant No.3 submits that in a suit for declaration of title and injunction, no decree for partition can be granted which has been opposed by learned counsel for the plaintiff / respondent No.1 herein.