BABLU Vs. BETIBAI AND ORS.

JUDGEMENT

(1.) Heard Sri Indra Pal Singh Rajpoot, learned counsel for the appellant, Sri B. Malik and Sri A. Malik, learned counsel for the caveator-respondents and perused the material available on record.

(2.) This is defendant's second appeal under Section 100 C.P.C. The plaintiffs Smt. Beti Bai and Smt. Bhawani Bai instituted Original Suit No.41 of 2006 in the court of the Civil Judge (Senior Division) Mahoba against Prem Nath @ Ramdin and others, for partition of the disputed property situate at Mohalla Fatehpur Bazariya, Tehsil and District Mahoba, described at the foot of the plaint whereby the plaintiffs claimed half portion in the ancestral property. The suit was contested by the defendant Prem Nath @ Ramdin, who happens to be real uncle of the plaintiffs.

(3.) Learned trial court framed in all four issues for determination of the suit. Issue No.1 is substantial which was framed as under: