JAGDISH KUMAR Vs. PRAVEEN KUMAR

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 30.3.2002 passed by the learned District Judge, Chamba in civil appeal No. 40 of 2000.

(2.) THE brief facts necessary for the adjudication of this appeal are that the appellant -plaintiff (hereinafter referred to as ˜the plaintiff for convenience sake) filed a suit for possession by way of partition. The trial Court decreed the suit on 27.4.2000. The respondents -defendant (hereinafter referred to as ˜the defendants for convenience sake) filed an appeal in the court of learned District Judge, Chamba against the judgment and decree dated 27.4.2000. The learned District Judge, Chamba accepted the appeal and set aside the judgment and decree passed by the learned trial Court. The Regular Second appeal was admitted on the following substantial question of law:

(3.) MR . Bhupender Gupta, Senior Advocate had supported the judgment dated 30.3.2002 of the learned District Judge and strenuously argued that the property bequeathed in favour of the defendants by way of will and gift was the self acquired property. He also contended that since the civil suit No. 97/91 as dismissed, the defendants were not required to file a separate appeal challenging the adverse findings against them.