JUDGMENT :

Heard.

1) This appeal has been preferred by the plaintiffs challenging therein the judgment and decree passed by the learned Additional District Judge Dhamtari, District Dhamtari (C.G.) in Civil Appeal No. 72-A/2011 dated 16.09.2011, whereby the judgment passed by the learned Civil Judge Class-II Kurud, District Dhamtari in Civil Suit No. 29-A/2005 dated 30.04.2010 has been set aside and findings have been reversed.

2) This appeal was admitted on the following substantial question of law:-

“Whether the first appellate Court was justified in reversing the judgment and decree of the trial Court ignoring the judgment and decree passed in Civil Suit No. 29A/72 dated 11.08.1976 by holding that Shyam Bai was the sole owner of the suit property in view of Section 14 (1) of the Hindu Succession Act, 1956 by recording a finding which is perverse to the record?”

3) The facts of the present case are that earlier a Civil Suit No. 29-A/72 was filed between the parties claiming therein partition of agricultural land and house and for possession before the learned Civil Judge Class-II, Dhamtari wherein the parties entered into a settlement and a compromise decree was passed on 11.08.1976.