ORDER

Heard on the question of admission.

2. This Second Appeal, under Section 100 of CPC , has been filed against the judgment and decree dated 26.11.2010 passed by Additional Judge to the Court of I Additional District Judge, Datia 3in Civil Appeal No.36-A/2008 as well as judgment and decree dated 10.09.2008 passed by Additional Judge, Bhander to the Court of First Civil Judge, Class II, Datia in Civil Appeal No.18-A/2005.

3. The facts necessary for disposal of the present appeal, in short, are that Smt. Murti Bai/respondent filed a suit for declaration of title and permanent injunction.

4. It is the case of plaintiff that her husband Late Mohan Lal had half share in Survey Nos.207, 213, 214, 219 Min., 263 Min., 283 Min., 287 Min., 289, 379, 383, 510, 525 total area 10.44 hectares situated at Village Pyaval, Tahsil Bhander, District Datia. Husband of plaintiff expired on 20.07.2001 without executing any Will. Plaintiff is the sole legal representative as plaintiff and Mohan Lal had no issue. After the death of Mohan Lal, plaintiff being the sole owner is in exclusive possession of the property in dispute. Dayaram is the brother of Mohan Lal who has also expired. The defendant No.1