RAMPYARIBAI Vs. PANNALAL

JUDGEMENT

(1.) THIS appeal filed against the judgment and decree in Civil First Appeal No. 230/81 A dated 5.11.1982 passed by learned X th A.D.J. Indore, who was pleased to dismiss the same upholding the judgment of the trial Court granting decree in favour of respondent No. 1.

(2.) THE second appeal was admitted on the following substantial question :

(3.) THE short facts giving rise to this appeal are that the plaintiff/respondent No. 1 filed a suit claiming to be entitled to the suit properties more specifically detailed in the judgment as also in the plaint. The trial Court raised questions for determination whether the plaintiff is the son born through Gauribai with deceased Savantia and is a legal heir to the property and whether he is entitled to the mutation in his favour. The suit properties were initially in the joint name of deceased Savantia alongwith the appellant and respondents No. 2 to 7 and after the death of Savantia in the joint name of Sonibai and the appellant as also respondents No. 2 to 7.