ASHWANI KUMAR Vs. KARAMATI

JUDGEMENT

(1.) This is plaintiffs' second appeal under Section 100 of the CPC questioning the judgment and decree of the first appellate court whereby that court has reversed the decree of the trial Court granting decree for declaration of title and possession in his favour and dismissed the suit.

(2.) Mr. B.D. Guru, learned counsel appearing for the appellants / plaintiffs, would submit that the first appellate court is absolutely unjustified in reversing the finding recorded by the trial court that the property fell in the share of Mansharam and the plaintiffs are purchasers from his brother's son Rohit Kumar (defendant No.4) and Ram Kumar (defendant No.5) vide Ex.P-5 dated 8-5-1967 and as such, the finding recorded by the first appellate court holding the property fell in the share Aagaas Kunwar, widow of Gadarai, is perverse and contrary to record and gives rise to substantial question of law for determination.

(3.) I have heard learned counsel for the appellants/plaintiffs at length on the question of admission of this appeal and considered the submissions and went through the records of the two courts below.