BHANU PRATAP CHOUDHARY Vs. PREMA BAI CHOUDHARY

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in the defendants' second appeal are as under:-

(2.) The plaintiff filed a suit for recovery of ? 33,840/- as 1/5th share of the rent from disputed property on the basis of Exs. P-1 and P-2 i.e. panch faisla, which was dismissed by the trial Court, however, it was decreed by the first appellate Court setting aside the judgment and decree of the trial Court, against which, this second appeal under Sec. 100 of the CPC has been filed by the appellants/defendants, in which substantial questions of law have been framed by this Court, which have been set-out in opening paragraph of this judgment.

(3.) Mr.A.K.Prasad, learned counsel for the appellants/defendants, would submit that the first appellate Court has committed grave legal error in overlooking the fact that award i.e. panch faisla (Ex.P-2) is unregistered document and it could not create any title in favour of the plaintiff, as such, the decree granted by the first appellate Court on the basis of unregistered award (panch faisla) dtd. 24/7/1994 deserves to be set aside.