BABU RAM Vs. DAYA RAM

JUDGEMENT

(1.) The instant second appeal has been preferred against the judgment and decree dated 6.11.1987 passed by the II-Additional Civil Judge, Faizabad, allowing Civil Appeal No.32 of 1987 (Daya Ram Vs. Babu Ram). The First Appellate Court has allowed the appeal preferred against the judgment and decree dated 13.1.1987 passed by Munsif Haveli, Faizabad, bearing Civil Suit No.219 of 1985. The trial court decreed the suit in part.

(2.) Learned counsel for the appellants raised the substantial questions of law to be decided by this Court. Substantial questions of law raised by the learned counsel for the appellants are as under :-

(3.) Learned counsel for the appellants argued that all the questions are very material and these are substantial questions of law and the order passed by learned First Appellate Court suffers from gross illegality and infirmity. The appellant was defendant in original suit no.219 of 1985, which was decreed in part and partly it was dismissed. The trial court has partly decreed the suit regarding land which was allocated in defendant share, which has been demarcated in the Commissioner's map paper no.11C/2, which is in southern side of the appellant-defendant grove and the appellant was granted half of the share of the portion. The trial court has specifically ordered that in southern portion of the grove, the respondent/plaintiff has no share and the suit was dismissed regarding that share. Aggrieved by the decree and order, he preferred the civil appeal before the II-Additional Civil Judge, Faizabad, and the II-Additional Civil Judge, Faizabad vide order dated 6.11.1987 allowed the appeal and set aside the order dated 13.1.1987 passed by the lower court and he passed the order that respondent/plaintiff shall be allocated half of the share in the disputed property and final decree be prepared accordingly.