GULAB MOHD (DEAD) Vs. SHEIKH LATEEF (DEAD)

JUDGEMENT

(1.) This appeal has been filed by the appellant being aggrieved by judgment and decree dated 28.08.1996 passed in Civil Appeal No. 35-A/93 passed by Fourth Additional Judge to the Court of District Judge, Sagar whereby the judgment and decree dated 23.08.1993 passed by the Sixth Civil Judge, Class-II, Sagar in Civil Suit No. 39-A/90 has been partly modified.

(2.) This appeal was admitted by this court on the following substantial question of law:-

(3.) The brief facts leading to the filing of the present appeal are that the plaintiff/appellant had filed a suit for declaration and permanent injunction to the effect that the wall standing between the houses of the plaintiff/appellant and respondent belongs to them and that consequently, the respondent/defendant be restrained from demolishing the same and constructing the house.