LAKHANLAL RAI Vs. KANTIBAI & ANOTHER

JUDGEMENT

(1.) This second appeal under section 100 of Code of Civil Procedure has been filed against the judgment and decree dated 21.10.2013 passed by the Additional District Judge, Hata, District Damoh in Civil Appeal No.4-A/2013, dismissing the appeal filed by the appellant against the judgment and decree dated 30.3.2012 passed by the Civil Judge, Class-II, Hata, District Damoh in Civil Suit No.1-A/2011.

(2.) This appeal has been admitted on 14.5.2015 on the following substantial questions of law :-

(3.) It is undisputed that the disputed house belongs to Baliram Rai, who was the father of plaintiffs/respondents and defendant/appellant. It is also not in dispute that after the death of Baliram Rai, some of the portion of the house was sold by Laxmi Bai, who was the wife of Baliram Rai and other legal representatives of Baliram Rai to Kodulal Gupta vide sale deed dated 17.12.1980, while the disputed portion of the house was sold by Laxmi Bai to plaintiffs Kanti Bai and Tara Bai vide sale deed dated 22.1.2000.