1. This second appeal u/s 100 CPC is directed against the judgment-decree dated 23.12.1994 passed by the Additional Judge to the Court of District Judge, Hoshangabad in C.A. 34-A/87 reversing the judgment-decree dt. 8.5.1987 decreeing C.S. 15-A/86 for declaration and injunction.

2. This second appeal U/S 100 CPC has been admitted on the following substantial question of law :

"Whether the appellant is entitled to protect possession on the basis of document Ex. P-1 inspite of the fact that the document was not registered?''

3. The facts in brief are, that Fida Hussain and Abdul Hussain were brothers. The suit house No. 138, 139, 140 Ward No. 10, Pipariya district Hoshangabad situated on land bearing Khasra No. 161/2 plot no. 43, area 2500 sq.ft. was the matter of dispute between two brothers. Abdul Hussain instituted C.S. 4-A/49 against Fida Hussain and the said suit was decreed on 12.11.1950. First Appeal 4/51 arising out of said judgment-decree was preferred by late Fida Hussain. Fida Hussain since dead, legal heirs Tahir Ali, Tayyab Ali, Hussain Ali (defendant no. 3) and others were brought on record. During continuance of the appeal financial condition of legal heirs since