SUDAMA CHOUDHARY Vs. CHANDRIKA CHOUDHARY

JUDGEMENT

(1.) THIS Second Appeal by the defendants-appellants is against the judgment of reversal. The suit filed by the plaintiffs-respondents being Partition Suit no. 116 of 1981 claiming partition of half share in the suit property, was dismissed by the Sub-Judge, Garhwa in terms and judgment and decree dated 21 -9-1987 holding that there had been previous partition between the parties.

(2.) IN appeal filed by the plaintiffs-respondents, being Title Appeal No. 23/87, the appellate Court, namely, the Addl. District judge, Garhwa, in terms of judgment and decree dated 21-9-88, allowed the appeal and set aside the judgment and decree passed by the trial Court and decreed the suit.

(3.) THIS second appeal was admitted for hearing on 10-7-90 on the following substantial question of law :