JUDGMENT :

1. This second appeal preferred by the appellant/plaintiff was admitted for hearing on 15/07/2015 by formulating the following substantial question of law :

“Whether the findings of both the courts below are perverse as per the provisions contained in Section 16 of the Hindu Marriage Act, 1955 ?”

[The parties will hereinafter be referred to as per their status given and ranking shown before the trial Court.]

2. The suit property situated bearing Khasra Nos. 27/1 area 1.84 acres and 26/5 area 1.04 acres admeasuring 2.88 acres in total situated at Village Chatidih, Bilaspur was originally owned by Biharilal Jaiswal.

3. It is admitted position on record that Bhagwantin Bai was the legally wedded wife of Biharilal Jaiswal with whom he had one son namely Bajrang Prasad. Defendants No. 1 to 5 are the sons of Bajrang Prasad and defendant No. 6 is the widow of Bajrang Prasad.

4. It is the case of the plaintiff that she is also the daughter of Biharilal Jaiswal, born out of his relationship with her mother defendant No. 7 Tara Devi and as such, being the daughter of Biharilal Jaiswal, she is also entitled for 1/3rd share in the suit property along with the defendants and injunction be