MADAN SINGH Vs. BAPULAL

JUDGEMENT

(1.) THIS is defendant's second appeal under section 100 of the Code of Civil Procedure, 1908 against concurring judgment and decree passed by the Additional District Judge, Neemuch in Civil Appeal No. 63A of 1984.

(2.) ON 15.1.1988, present appeal was admitted for final hearing on the following substantial questions of law :

(3.) APPELLANT contested the suit and denied all material plaint allegations. He denied that suit land is coparcernary property in the hands of Shankar. He further denied that respondent No. 1 & 2 has any share by birth in the suit property. The story of alleged sham sale deed without adequate consideration was also denied and it was claimed that the sale deed was binding on respondents and submitted that the claim put forth in plaint has no merit and substance.