RAJAT VIDYARTHI Vs. NARENDRA GOPAL VIDYARTHI

JUDGEMENT

(1.) RAJAT Vidyarthi preferred this Second appeal under section 100 of the Code of Civil Procedure aggrieved by the judgment and decree dated 2 -7 -2001 passed by Ninth Addl. Distt. Judge, Gwalior, in Civil Appeal No. 86A of 1999 setting aside finding of trial Court on issue No. 1 but confirming judgment and decree dated 1 -11 -1999 passed by Ninth Civil Judge, Class II, Gwalior, in Civil suit No. 203A of 1996 whereby, Civil suit filed by appellant/plaintiff has been rejected by trial Court.

(2.) ON the basis of pleadings, learned trial Court framed four issues. After completion of trial, learned trial Court dismissed plaintiffs suit holding that the disputed house is joint properly of parties. Aggrieved by the impugned judgment and decree dated 1 -11 -1999, defendant preferred first appeal before Ninth ADJ, Gwalior. On hearing both the parties, learned First Appellate Court passed impugned judgment dated 2 -7 -2001 allowed appeal and set -aside finding of trial Court arrived at pertaining to issue No. 1 and held that the defendant is sole owner of the disputed house and dismissed the suit of plaintiff/appellant. Aggrieved by impugned judgment and decree, appellant/plaintiff filed this appeal on following grounds :

(3.) ON the basis of pleadings and judgment and decree passed by both the Courts below, following substantial questions of law have been framed :