1. The substantial question of law involved, formulated and to be answered in the defendant's second appeal is as under: -

“Whether the lower appellate Court was justified in determining the share of the parties in a mere suit for declaration of title and injunction?”

(For sake of convenience, parties would be referred hereinafter as per their status shown in the trial Court.)

2. The plaintiff filed a suit for declaration that the plaintiff and the defendants are members of aboriginal tribe and the Hindu Succession Act is not applicable to them and the plaintiff & defendant No.2 are title holders and defendants No.1 & 3 have no title over the suit land and also prayed for permanent injunction. The suit was dismissed by the trial Court finding no merit against which first appeal was preferred. The first appellate Court allowed the appeal and converted the suit for declaration of title into suit for partition and granted decree for partition as per Schedule-1 of the decree against which the instant second appeal has been preferred and substantial question of law has been framed which has been set-out in the opening paragraph of this judgment.

3. Learned counsel for the appellan