BHIKABAI Vs. MAMTABAI

JUDGEMENT

(1.) THIS second appeal is filed by original plaintiff against the decree passed by the 1st appellate Court on 8-10-1984 in R. C. A. No. 4/81 modifying the decree passed by the Joint Civil Judge, Junior Division, Buldhana in R. C. S. No. 170/78 on 29-11-1989.

(2.) THIS second appeal was admitted on substantial question of law as to whether the appellant was entitled to 5/6th share in the property and to its partition and possession thereof as specifically prayed for in the plaint though such relief was not claimed in plaint.

(3.) THE decree to the aforesaid effect was passed by the trial Court.