JUDGMENT

Sanjay K Agrawal, J. - This judgment will govern the disposal of Second Appeal Nos.132/2007 and 137/2007.

2. Since both the second appeals have arisen out of one civil suit and common substantial question of law has been framed in both the appeals, therefore, they are being disposed of by this common judgment.

3. The substantial question of law involved, formulated and to be answered in these second appeals preferred by the appellants/defendants is as under:-

"Whether both the Courts were not justified in granting relief in favour of the respondent-Kunti Bai in view of the fact that she did not subject herself to cross-examination, and therefore, the sole evidence led by the plaintiff, i.e., the testimony of Kunti Bai could not form the basis for granting relief in favour of the respondents/plaintiffs ?"

[For the sake of convenience, the parties would be referred hereinafter as per their status shown and ranking given in the suit before the trial Court].

4. The plaintiffs' suit for declaration of title, permanent injunction, partition and possession was decreed by the trial Court on 18.7.2006, against which the plaintiffs and the defendants both preferred first appeals be