FALMAT BAI Vs. LALSAYA

JUDGEMENT

(1.) Heard on the question of admission.

(2.) This second appeal under Section 100 of Code of Civil Procedure, by the plaintiffs, is directed against the judgment and decree dated 28.9.2000, passed n Civil Appeal No.16 -A/2000 by the Addl. District Judge, Dindori, reversing the judgment and decree dated 7.2.2000, granted in Civil Suit No.287 -A/94 by the Civil Judge Class -I, Dindori.

(3.) Feeling aggrieved by the judgment and decree of the trial Court, appeal was preferred before the Additional District Judge by the respondents/defendants contending that such findings were illegally given. In fact, appellants were not entitled to any share in the property left behind by Panku as according to the law, prevalent at the time of death of Panku, no share could be given to a daughter. The crucial point, the date of death of the original holder of the land was proved, but since findings were recorded in this respect, without there being any conclusive proof of the fact that the appellants were governed by a customary law by 'Gond' community of the decree could not be granted in favour of the present appellants.