MANBAHAL Vs. MOHAR SAY

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered by this Court in this plaintiffs' second appeal are as under:-

(2.) The suit land was held by Budhan, Bhurdi and Sukhi. Budhan and Bhurdi died issueless. Plaintiffs No.1 to 5 are sons of Sukhi Rajwar and plaintiff No.6 is widow of Sukhi Rajwar. It is the case of the plaintiffs that Budhan and Bhurdi died issueless and they have inherited the suit property after death of Sukhi Rajwar in the year 1983-

(3.) Defendant No.1 filed his written statement denying the averments made in the plaint stating inter-alia that they are in possession of the suit land from the date of sale made on 24.2.65 and 26.2.65, as such, the suit is liable to be dismissed. On appeal being preferred by the plaintiffs, the first appellate Court concurred with the judgment and decree of the trial Court and dismissed the appeal by affirming the judgment and decree of the trial Court. Questioning that judgment and decree, this second appeal under Section 100 of the CPC has been preferred by the appellants/plaintiffs, in which substantial questions of law have been framed by this Court, which have been set-out in the opening paragraph of this judgment.