JUDGMENT :

1. The substitution of sole appellant as allowed earlier is permitted to incorporate during the course of the day.

2. Heard Mr. Aftab Ahmad learned counsel for plaintiff-appellant and Mr. Subhash Vidyarthi learned counsel for defendant respondent.

3. Second appeal under Section 100 of the Code of Civil Procedure 1908 has been filed against judgment and decree dated 16th February, 2015 relating to suit No. 32 of 1982, Mohd. Farooq Siddiqui versus Smt. Saeeda Bano.

4. A preliminary objection regarding maintainability of the second appeal has been raised by learned counsel for respondent on the ground that no substantial question of law is involved in the present second appeal. The said question therefore is also being adjudicated upon.

5. The plaintiff-appellant had filed a suit for declaration with regard to the suit premises which was decreed by means of the judgment and decree dated 31st March, 2003 but the first appeal was allowed by means of the judgment and decree dated 16th February, 2015 leading to the filing of the present second appeal.

6. Learned counsel for appellant has submitted that the suit premises had earlier belonged to Smt. Abida Bano who was the owner in pos