BHAGWATI DEVI Vs. JINNI DEVI

JUDGEMENT

(1.) This second appeal has been filed against the judgment dtd. 30/1/2021 (decree signed on 15/2/2021) passed by the learned District Judge-VII, Deoghar in Civil Appeal No. 28 of 2019, whereby the appeal has been dismissed and the judgment dtd. 29/3/2019 (decree signed on 10/4/2019) passed by the learned Civil Judge (Sr. Division) -I, Deoghar in Title (D) Suit No. 16 of 2004 has been affirmed.

(2.) On perusal of order dtd. 3/3/2025 when the hearing of the case commenced, it is apparent that both the parties had agreed that this appeal be heard and decided only on the substantial questions of law framed vide order dtd. 27/2/2025 and consequently, the arguments were advanced only in connection with the substantial question of law nos. 4(i) and 4(ii) as framed vide order dtd. 27/2/2025.

(3.) The aforesaid two substantial questions of law framed vide order dtd. 27/2/2025 are as under: