SEMKUNWAR WIDOW OF JAISING Vs. ANDHROO BAI

JUDGEMENT

(1.) As both the aforesaid appeals arise out of same judgment and decree, they are heard analogously and are being disposed of by this common judgment.

(2.) Both the appeals are preferred under Sec. 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 1-8- 1996 passed by Vth Additional District Judge, Bilaspur, MP now CG in Civil Suit No. 63-A/90 wherein the said court decreed the suit for land mentioned in Schedule -B of the plaint area 10.72 acres which will be shared by Hem Kunwar/legal representative and Andhroo Bai/legal representative and each of them will get half share of the property and area 2.31 acres mentioned in the decree will be succeeded by Hem Kumwar/legal representative on the basis of will executed in her favour by the deceased Sukhrajiya.

(3.) Original appellant in FA No. 500 of 1996 namely Semkunwar filed the appeal for declaring her to be owner of the whole property whereas original appellant in FA No. 484 of 1996 namely Andhroo Bai filed the appeal for declaring her to be owner of the whole property. Original plaintiff Semkunwar filed the suit before the trial Court regarding suit property in which house is shown in ScheduleA and land is shown in Schedule-B situated at village Naka, Patwari Halka No.15, Tahsil Pendra road, District Bilaspur.