GANGADHAR AND DHARNIDHAR Vs. CHAMPA DEVI

JUDGEMENT

(1.) -Heard the learned counsel for the parities and perused the records.

(2.) THIS second appeal is directed against the judgment and decree dated 30.5.1988 passed by the IIIrd Additional District Judge, Deoria in Civil Appeal No. 209 of 1983 arising out of Original Suit No. 568 of 1972 decided on 29.7.1983.

(3.) THE court below held that property in dispute was ancestral property and on this supposition, it must have come from the ancestors of the appellants, allowed the appeal and modified the judgment and decree of the court below to the extent that the share of plaintiff Champa Devi is 2/3 in the agricultural property and 5/6 share in the dwelling house. THE gift deed was cancelled and to this extent, the order of the learned trial court should be set aside. THE appellate court further held that the respondents shall get 3/4th of the costs throughout, the appeal was dismissed with the aforesaid modification.