(1.) THIS appeal at the instance of defendants' under section 100 CPC is directed against the judgment and decree dated 12/05/2008 passed in civil appeal No. 10A/2008 by I Additional District Judge, Shivpuri District Shivpuri, partially allowing the appeal and modified the decree thereby affirmed the judgment and decree passed in civil suit No. 24A/2006 by Additional Civil Judge, Class -II, Kolaras, District Shivpuri to the extent indicated in paragraph 27(1) of the impugned judgment and decree passed by the first appellate Court thereupon.
(2.) FOLLOWING substantial question of law as proposed by counsel for the appellants is addressed:
(3.) TRIAL Court decreed the suit.