BINDUBAI DAULATRAM AJAMERE Vs. UTTAMCHAND SUKHLAL AJMAERE

JUDGEMENT

(1.) This is a Second Appeal by the plaintiffs. They filed the suit against the respondents' predecessors Uttamchand and Manikchand who were the real brothers of plaintiff Bindubai's deceased husband, for partition and separate possession of the suit properties comprising of movable and immovable properties. It was dismissed by the trial court which decree has been confirmed by the lower appellate court by the judgment and order under challenge.

(2.) The facts as are necessary for appreciation of the matter in controversy can be summarized as under :

(3.) The Second Appeal was admitted on 22/8/1991 by mentioning that ground Nos.2 to 6 from the appeal memo involved substantial questions of law. However, by the order dtd. 14/11/2019, the appellants were directed to tender substantial questions of law. Accordingly appellants furnished substantial questions of law on 27/11/2019. I have reformulated those substantial questions of law and have heard the learned advocates of both the sides on these questions. The questions and my replies to those for the reasons to follow are as under :