IBRAHIM S/O MOHAMMED KHAN (DEAD) THROUGH LRS SALIM S/O IBRAHIM (DEAD) THROUGH LRS SMT. MANA BEE W/O SALIM KHAN & OTHERS Vs. STATE OF M.P. THROUGH COLLECTOR

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 09/01/09 passed by II ADJ, Mandsaur in Civil Appeal No.28 -A/08, whereby judgment dated 29/07/08 passed by II Civil Judge, Class -I, Mandsaur in Civil Suit No.72 -A/04, whereby suit filed by the appellants was decreed in part, was maintained, present appeal has been filed.

(2.) THIS appeal was admitted for final hearing on the following substantial question of law:

(3.) LEARNED counsel for the appellants argued at length and submit that the impugned judgment passed by the learned Courts below whereby decree of declaration is refused is illegal, incorrect and deserves to be set aside. It is submitted that from the documentary evidence and also from the oral evidence it is proved that the land in question was given to the deceased Ibrahim by the then Jamidar on lease. It is submitted that at the same time another adjoining land was given to the father of the deceased Ibrahim on lease by the then Jamidar. It is submitted that the father of the deceased Ibrahim also filed the suit, which ultimately came before this Court in SA. No.354/74 and the same was decided vide judgment dated 03/12/84 in favour of father of deceased Ibrahim. It is submitted that in the facts and circumstances of the case, appeal filed by the appellants be allowed and the impugned judgment passed by the learned Courts below be set aside.