LAXMINARAYAN Vs. GANGABAI

JUDGEMENT

(1.) This appeal by defendants under section 100 CPC is directed against the reversing judgment and decree dated 24/11/2018 passed in civil appeal No.27A/2017 by Second Additional Judge to the Court of First Additional District Judge, Rajgarh. The plaintiffs' suit for declaration, possession and injunction though was dismissed by the trial Court only on the ground of limitation but has been allowed by the first appellate Court by the impugned judgment and decree.

(2.) The following substantial questions of law are framed to dispose of this appeal.

(3.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: Admittedly the plaintiff No.1 Gangabai and Plaintiff No.2 Mohanbai are wife and daughter of one Onkar Baksh; real brother of defendant No.1, Laxmilnarayan. After demise of Onkarnath, the plaintiffs filed the suit for declaration of title, possession and injunction in respect of the suit land described in paragraph 2 of the judgment of the first appellate Court which stood partitioned in favour of her husband during his life time under section 178 of the Madhya Pradesh Land Revenue Code, 1959 (for short, 'the Code').