GAFOOR KHAN Vs. ASHIKOON

JUDGEMENT

(1.) The substantial question of law involved, formulated and to be answered in this plaintiff's second appeal state as under:

(2.) The parties herein are muslims and they are governed by 'Sunni Law' in the matter of inheritance. Admittedly, the suit land is part of the property mentioned in 'Schedule E' of the plaint, bearing khasra No. 271/2 with an area of 0.769 hectares. The suit land originally belonged to Sarifan, who had two sons namely Ramzaan Khan and Abzaan Khan. Plaintiffs are son and widow of Ramzaan Khan. Defendant No. 1 - Abzaan Khan died during the pendency of the suit, whose legal representatives are now defendants No. 1 to 8.

(3.) Plaintiffs filed civil suit bearing No. 151-A/98 for declaration of title and permanent injunction stating inter alia that suit land is the self- acquired property of Sarifan, as it was settled in his name in Surguja State Settlement, and that they are entitled for declaration of title and injunction in the suit property mentioned in 'Schedule E' of the plaint, as that part of the suit land has not been partitioned. The defendant filed his written statement and set up the plea that the suit land has already been partitioned and after partition, it fell in the share of the original defendant - Abzaan Khan, and as such, plaintiffs are not entitled for declaration of title and injunction.