GULAB C.GUPTA
Reshamlal – Appellant
Versus
Balwant Singh – Respondent
Gulab C. Gupta, J.--1. Whether the appellant, an "illegitimate son" of deceased Baswan, is, the 'son' of said Baswan, within the meaning of section-8 read with the schedule to the Hindu Succession Act, 1956, is the crucial question that this Court is called upon to decide in this second appeal under section 100 C.P.C. by the defendant. The appeal is directed against the judgment and decree dated 25,11.1982 passed by IV Additional Judge to the Court of District Judge, Bilaspur in Civil Appeal No. 31-N80 arising out of judgment and decree dated 29.12.1976 passed by Civil Judge, Class-II in Civil Suit No. 14-A/1971 decreeding that the respondent/plaintiff Balwant was the owner of the suit-lands and was entitled to possession thereof.
2. Respondent Balwant Singh filed the present suit claiming possession of lands described in 'Schedule-A' to the plaint. According to him, these lands belonged to Baswan, who died some time in 1966 leaving behind respondent Laxmidayal, his son from first wife, his second wife, Smt. Shyambai, now dead, and his two daughters, respondents 7 & 8. He claims to have purchased suit-lands from these legal heirs of Baswan. He alleged that respondent Jhunjhi
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