RAMAWTAR Vs. MANGI LAL

JUDGEMENT

(1.) PLAINTIFF Devi Bai, who died during the pendency of this appeal, preferred this appeal aggrieved by judgment and decree dated 27. 9. 1993 by District Judge, Sehore in Civil Appeal no. 64-A/1993 by which the judgment and decree passed in her favour by the Civil Judge Class I Sehore,, in Civil Suit no. 31 -A/79 dated 25. 3. 1986 was reversed and the suit of the plaintiff was dismissed. :

(2.) THIS appeal was admitted on 29. 6. 1995 on following substantial question of law:

(3.) THE learned counsel appearing for the appellant submitted that the trial Court after due consideration of the evidence of the parties arrived at a finding that there was no partition between Dallaji and Bheroji, the father and the son, but the appellate Court without considering the pleadings and the evidence on record, reversed the aforesaid findings. That, except the findings of the trial Court in respect of partition, other findings were maintained by the appellate Court. The findings recorded by the appellate Court in para 21 are apparently perverse and deserve to be set aside.