CHOKHELAL Vs. ASHWANI KUMAR

JUDGEMENT

(1.) This second appeal has been filed by appellants/defendants 7-13 challenging the judgment and decree dtd. 24/10/1994 passed by learned 5th Additional Judge to the District Judge, Jabalpur in Civil Appeal No.1- A/94 & 2-A/94 whereby reversing the judgment and decree dtd. 10/4/1992 passed by Civil Judge Class-II, Jabalpur in Civil Suit No.77-A/89 whereby learned trial Court dismissed the suit of the respondent No.1/plaintiff as well as the counter claim filed by the present appellants/defendants 7, 8 & 11.

(2.) By the impugned judgment and decree, learned lower appellate Court has by allowing the civil appeal No. 1-A/94 decreed the suit of the respondent No. 1/plaintiff but dismissing the appeal No.2-A/94 affirmed the judgment and decree of trial Court with regard to dismissal of counter claim of the appellants/defendants 7, 8 & 11.

(3.) In short, the facts of the case are that the plaintiff/respondent No. 1 had instituted a suit for declaration of his 1/12 share, partition and also for separate possession of the house No.310 (changed No.280) in question situate at Bhantalaiya Ward, Jabalpur alleging it to be his ancestral property belonging to common ancestor of the parties and great-grandfather of the plaintiff.