SAHAJAD KHAN Vs. AKTHAR KHAN

JUDGEMENT

(1.) This Second appeal under section 100 of CPC is filed against the judgment and decree of first appellate Court which has reversed the findings of the trial Court dismissing the suit claiming a declaratory decree of title, possession and permanent injunction in respect of 1/4th share in the house No. 10/128 (25 X 35.9 sq.ft.) situated in ward No. 10 within the Municipal limit of District Guna.

(2.) With the consent of counsel for both the parties, this second appeal is heard on the question of admission. Findings of two Courts below and the records of both the Courts below is perused.

(3.) The plaintiff filed a suit claiming declaratory title of l/4th share of the suit property as mentioned above on the basis that his father late Gafoor Khan died intestate on 12/05/2006 and that the plaintiff had never given any written or oral consent to his father enabling his father to right to Will in respect of said property therefore, as per the principle of inheritance followed under the Muslim Law, he is entitled to l/4th share of the said property.