SHAITAN BAI Vs. PREMI BAI

JUDGEMENT

(1.) THIS is plaintiffs' second appeal under section 100 CPC against the judgment of reversal. Plaintiff filed suit for declaration as also perpetual injunction. First Civil Judge, Class II, Sehore by judgment and decree dated 19.11.1982 passed in Civil Suit No. 14A/80 decreed the suit and held that plaintiffs are the Bhumiswami of six acres of land situated in village Pipariya in the District of Sehore. Defendant aggrieved by the same preferred Civil Appeal No. 10 -A/83 and the District Judge by judgment and decree dated 3.12.1988 allowed the appeal held that the plaintiffs are the owners of the suit land to the extent of half share. Aggrieved the same, the plaintiffs have preferred this appeal under section 100 CPC.

(2.) ADMITTED facts of the case are that the suit property originally belonged to Ganesh. Ganesh had a widow Devli Bai and daughter Premi Bai, defendant herein. The name of the defendant was recorded as Bhumiswami in place of deceased Ganesh and Devli after their death.

(3.) HELD : This appeal has been admitted on the following substantial question of law: