(1.) DEFENDANTS have filed this appeal against the judgment and decree dated 10-1-2005 passed by VIII Additional District Judge, Gwalior in Civil appeal No. 40-A/2004 affirming the judgment and decree dated 30-4-2004 passed by IX Civil Judge, Class I, Gwalior in Civil Suit No. 62-A/2002.
(2.) THE appeal has been admitted vide order dated 8-9-2005 for hearing on the following substantial questions of law:-
(3.) DURING the pendency of the second appeal the respondent filed a cross-objection which has also been admitted on 19-10-2005 for hearing on the following substantial question of law:-