PATIRAM Vs. MULA

JUDGEMENT

(1.) This second appeal has been preferred by the plaintiff/appellant against the respondents impugning the judgment and decree dated 2-12-1997 rendered by Additional District Judge, Sabalgarh, distt. Morena in Civil Appeal No. 16-A/89. affirming the judgment and decree passed by the trial Court in original Civil Suit No. 28-A/84. Vide impugned judgment and decree the suit filed by the appellant for declaration of title and injunction has been dismissed.

(2.) During the course of arguments, both the parties have admitted the following factual status of the case.

(3.) Considering this dispute between the parties, the following point of law has been framed vide order dated 5-4-2006 :- "Whether the entire share left by deceased Moti could go to Mula on his death?"