GUJAR SAMAJ Vs. KAILASHCHANDRA

JUDGEMENT

(1.) THIS is defendants' second appeal against the concurrent judgment and decree 2nd dated 5.2.1997 passed by the Additional District Judge, Dhar, in Civil Appeal No. 23 A/1995. The appeal was admitted for final hearing on the following question of law :-

(2.) SMT Katcharibai and her one son Prabhulal jointly filed a suit to remove the encroachment said to have been made by the members of the appellant No. 1-Samaj over the plaintiffs' private properties as described in the plaint. Plaintiffs, therefore, prayed for the removal of encroachment and restoration of property to them. During the pendency of lis, Smt. Katcharibai died therefore, another son 1 Kailashchandra-respondent No. 1 was brought on record as her legal heir. The suit was contested by appellants and in the written statement each and every allegation of material fact was denied.

(3.) THE only question for our consideration is whether Courts below committed any illegality in relying upon Section 90 of the Evidence Act in respect of Document dated 24.10.1920.