SMT. GITA DEVI Vs. MRS. SOBHA AGARWALLA

JUDGEMENT

(1.) D.N. Upadhyay, J This Second Appeal has been preferred by defendants/appellants against the Judgement dated 24.11.2003, Decree dated 15.12.2003, passed and signed by 1st Additional District District Judge, Singhbhum East at Jamshedpur in Title Appeal No. 4 of 2000 whereby Judgement dated 14.10.1999 and Decree dated 27.11.1999, passed and signed by learned Munsif in connection with Title Suit No. 56 of 1996 has been affirmed.

(2.) This Appeal has been admitted on 12.08.2004 after formulating following substantial questions of law: -

(3.) Mrs. Sobha Agarwalla, wife of Milchand Agarwalla and Mrs. Sarita Agarwalla, wife of Sri Satyanarayan Agarwalla (Respondent Nos. 1 and 2) were the plaintiffs in the Trial Court whereas proforma respondent nos. 3 to 9 here in this Second Appeal were arrayed as proforma defendants. The appellant no. 1 was defendant no. 1 and her husband Late Lall Dhari Prasad (then alive) was impleaded as defendant no. 2. Since Lall Dhari Prasad (defendant no. 2) has died, the legal heirs and successors have been substituted and they are appellant nos. 2 to 6. For better understanding the appellants will be referred as defendants whereas respondent nos. 1 and 2 shall be addressed as plaintiffs.