JUDGMENT

Manindra Mohan Shrivastava, J. - This appeal is directed against judgment and decree dated 25.02.2003 passed by the Additional District Judge, Mungeli in Civil Appeal No.22-A/2000whereby the learned Lower Appellate Court modified the judgment and decree dated 11.08.2000 passed by Civil Judge, Class-I, Mungeli in Civil Suit No. 38-A/96.

2. This appeal was admitted on following substantial question of law -"Whether the first appellate Court committed an error of law by passing a decree and directing that the land purchased by the plaintiff be allotted to the share of Bhajiharin Bai after completing the partition from the revenue Court?"

3. Plaintiff-Kamla Bai filed a suit seeking declaration of title, partition and permanent injunction on the pleadings inter alia that vide registered sale deed dated 29.04.1995, she had purchased property in dispute described in Schedule-B from Dev Kunwar/defendant No.3 comprising of land admeasuring 0.85 acres situated in Khasra No. 490 of Village - Chandli, Tahsil - Lormi, District - Bilaspur. Plaintiffs case was that after having purchased share of Deo Kunwar, plaintiff became entitled to the share in the family property to the extent of sh