(1.) THE appellant has preferred this Misc. Appeal being aggrieved by the judgment and decree dated 8.9.1997 passed by the VII Additional Judge to the Court of District Judge, Bhopal in Civil Appeal No. 77-A/1997 thereby case was remanded back to the trial Court for re-trial.
(2.) FACTS of the cases give rise to this Misc. Appeal in short is that it is undisputed that one Sheetal Prasad was the owner of the house, who died in 1930. His widow Munakka Bai died in 1984. Sheetal Prasad and Munakka Bai had two daughters namely Narayani Devi and Narbadi Bai. Both were married. Narbadi Bai died in 1943 leaving behind a son namely, Jagdish Prasad who was the plaintiff of the original suit.
(3.) LEARNED trial Court after appreciating the evidence on record allowed the suit of plaintiff/appellant and declared that gift deed dated 18.12.1973 is null and void. Being aggrieved defendant Narayani Devi filed a Civil Appeal No.77-A/97 against the judgment and decree of the trial Court.