VISHAL Vs. DERHA

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 13-4-99 passed by the 3rd Additional District Judge, Raipur in Civil Appeal N0. 6A/98 affirming the judgment and decree dated 6-11-96 passed by the 1st Civil Judge Class-II, Raipur in Civil Suit No. 146A/91, whereby learned 1st Civil Judge Class-II has decreed the suit filed on behalf of Respondent Derha for partition, possession and means profit of the suit land by declaring him entitled for 1/3rd share.

(2.) JUDGMENT of the Court is challenged on the ground that the Court below has not considered the important legal issue that after the death of coparcener Phannuram, interest of Phannuram has devolved upon the surviving coparcener Appellant No. 1 Vishal and thereby, committed illegality.

(3.) THIS appeal was admitted for consideration on the following substantial questions of law: