JAIBUNNIYAN (SINCE DEAD) Vs. MOHD. SIDHDIK

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this defendants No.4 to 10 second appeal is as under:-

(2.) Three plaintiffs beings sons of Safiullah and Hafizullah filed a suit against the defendants for declaration of title and permanent injunction stating inter-alia that that they are also title- holders of the suit land along with defendants No.4 to 10 and other defendants be restrained from alienating the suit land.

(3.) Defendants No.5, 6, 8 and 9 filed their written statement controverting the allegations made in the plaint and also pleaded that earlier Hafizullah, father of plaintiff No.3, filed Civil Suit No.191- A/1957, which was decided on 17.4.1961 by the Second Civil Judge Class-I, Bilaspur, decreeing the claim of the plaintiff therein for joint possession to the extent of 1/3rd, against which, first appeal was filed by father of the defendants being Civil Appeal No.22-A/1961. That appeal was allowed on 21st February, 1964 and the judgment and decree of the trial Court was set aside holding that Hafizullah- plaintiff therein had no title over the suit land and as such, prayed for dismissal of suit.