PHOOL CHAND Vs. LALIT KISHORE

JUDGEMENT

(1.) THESE are two connected appeals which arise out of proceedings in execution of a decree passed in favour of Phool Chand in suit No. 242 of 1953 of the court of Munsif Koil, district Aligarh.

(2.) ONE Mohan Lal has two sons --Udai Ram and Maya Ram. Udai Ram's son was Ram Prasad who was married to Smt. Sharbati. Their sons are Lalit Kishore and Durga Dutt. Maya Ram's son is Shiam Manohar.

(3.) THE trial court decreed suit No. 401 of 1958 and dismissed suit no. 73 of 1959. Aggrieved from the decision in the two suits Phool Chand preferred appeals before the lower appellate court. Both the appeals were dismissed by it. Phool Chand has now preferred second appeal in this Court. When the appeals came before me earlier I remitted the following issue to the court below for its finding thereon:- -