JUDGMENT :

SANJAY K. AGRAWAL, J.

1. This second appeal preferred by the appellant/plaintiff was admitted for hearing on the following two substantial questions of law:

“1. Whether the lower appellate Court was justified in reversing the judgment of the trial court without properly appreciating the evidence available on record?

2. Whether the 1 appellate court has committed an error of law by deciding the question of limitation when the same was not an issue before the trial court?”

For the sake of convenience, the parties will hereinafter be referred as per their status before the trial Court.

2. The parties are Mohammedans. The suit property was originally held by Rojid Miya. Plaintiff is the daughter of Rojid Miya and defendant No. 1 is son of Rojid Miya and defendant No. 3 is their mother and widow of Rojid Miya.

3. Plaintiff filed a suit for declaration of title, partition and mesne profit against the defendants stating inter-alia that the suit property was the self-acquired property of her father Rojid Miya, therefore, she has right, title and interest over the said suit proper