AKIL RAM Vs. SUKHMEN D/O DULAR

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in the second appeal preferred by defendant No.1 is as under:-

(2.) Respondent No.1/plaintiff filed a suit for declaration of title, partition and possession stating inter-alia that the suit property was originally held by late Shri Harishchandra. Shri Harishchandra had three sons namely, Dular, Hulas and Aghnu. After death of Aghnu, his wife Sahodri Bai (DW-3) and four daughters had surrendered their share/property in favour of defendant No.1 and her husband Dular, therefore, she is entitled for 1/2 share in the suit property.

(3.) Defendant No.1 filed his written statement stating inter-alia that Sahodri Bai, wife of Aghnu and his daughters have surrendered their share/right in his favour, therefore, the plaintiff is not entitled for any share in the suit property and the suit is liable to be dismissed.