SULEMAN KHAN Vs. HABEEBULLAH KHAN

JUDGEMENT

(1.) This is an appeal, under Section 100 of the Code of Civil Procedure (hereinafter referred to as 'the Code'), preferred by the legal representatives of plaintiff Sahadat Khan (since dead) against the judgment and decree dated 30.07.2003 passed by the District Judge, Bhopal in Civil Appeal No.136-A/2002, arising out of the judgment and decree dated 10.12.2002 passed by Civil Judge Class-I, Bhopal in Civil Suit No.21-A/1995.

(2.) This appeal has been admitted on the following substantial question of law :

(3.) Admittedly, Sahadat Khan and his brother Banne Khan were jointly holding the agricultural land situated at village-Parvaliya, bearing Khasra Nos.72, 73, 74, 75, 76/1 and comprising a total area of 28.17 acres. However, only 14.9 acres of land, to which the Khasra Nos. 73/2, 74, 75 and 76/1 extend, is the subject matter of dispute and shall hereinafter be referred to as the 'suit land'.