LAWS(MPH)-2007-1-10

RATAN SINGH Vs. BRINDAWAN

Decided On January 16, 2007
RATAN SINGH Appellant
V/S
BRINDAWAN Respondents

JUDGEMENT

(1.) THIS is a defendant's appeal arising out of judgment and decree passed by additional District Judge, Sagar in Civil Appeal No. l-A/89, dated 30-4-1990 by which the judgment and decree passed by the Trial Court, the Civil Judge Class i, Khurai in Civil Suit No. 117-A/82 dated 18-8-1986 was reversed and the suit of the plaintiff was decreed.

(2.) THIS appeal was admitted on 26-7-1991 on the following substantial question of law:-

(3.) LEARNED Counsel appearing for the appellants submitted that it is an admitted fact that the father of the parties Udai Jeet and his sons were separated by a partition in the year 1951. Thereafter a land was purchased by the plaintiffs alongwith Udayjeet. In the absence of any evidence in respect of re-union of the family the property of Udayjeet shall devolve after his death on all the legal heirs of Udayjeet and the plaintiff alone cannot succeed the property. The Trial Court after considering the entire evidence recorded findings that there was no re-union in the family of plaintiff Brindawan and udayjeet, which finding has been erroneous reversed by the appellate Court.