GIRDHARI LODHI Vs. CHHAKKI

JUDGEMENT

(1.) Appellants/plaintiffs (Legal Representatives of the original appellant/plaintiff Girdhari) have preferred this appeal under Sec. 100 of the Code of Civil Procedure being aggrieved with the judgment and decree dtd. 16/7/1997 passed by the First Additional District Judge to the Court of District Judge, Tikamgarh in Civil Appeal No. 27-A/1989.

(2.) The appellate court decided the appeal preferred by the respondents/defendants under Sec. 96 read with Order 41 Rule 1 of the Code of Civil Procedure and reversed the finding given by the trial court in Civil Suit No. 92-A/1988, which was decided vide judgment and decree dtd. 10/7/1989.

(3.) This appeal was heard on admission and vide order dtd. 19/2/1998, this Court admitted the appeal on the following substantial questions of law: