CHHAYADEVI Vs. STATE OF M P

JUDGEMENT

(1.) THIS is plaintiffs second appeal under section 100 CPC against the judgment of affirmance.

(2.) PLAINTIFF filed the suit for declaration that on 7.3.1994 she did not possess land beyond the ceiling area as also for perpetual injunction. Second Civil Judge, Class II, Narsinghpur by judgment and decree dated 1.3.1983 passed in Civil Suit No. 120-A of 1982 dismissed the suit. Plaintiff aggrieved by the same preferred appeal and the Additional District Judge, Narsinghpur by judgment and decree dated 10.1.1989 passed in Civil Appeal No. 17-A of 1983 dismissed the appeal. Plaintiff being aggrieved by the same has preferred this appeal. By order dated 30.8.1989 appeal has been admitted on the following substantial questions of law :

(3.) IN view of the fact that the aforesaid substantial question of law does arise for decision, I have heard the appeal on the said question in exercise of the power conferred under the proviso to section 100 (5) of the Code of Civil Procedure. Shri Pandey submits that the Competent Authority negatived the case of the plaintiff only on its finding that she was married in the month of June 1974. Trial Court on consideration of the materials placed before it found that the plaintiff was married on 28.1.1974. Said finding of the trial Court was not upset in appeal and the same is not being questioned before this Court is second appeal. In fact, no body has appeared on behalf of the respondent in this appeal.