( 1. ) INVOKING the revisional jurisdiction of this Court under Section 115 of the. Code of Civil Procedure, 1908 (hereinafter referred to as the Code) the applicants have called in question the sustainability of the order dated 17-3-99 passed by the learned First Additional District Judge, Shahdol in Civil Suit No. 2-A/93.

( 2. ) THE non-applicant No. 1 as plaintiff initiated a civil action for partition and separate possession of the suit house situate over Khasra No. 1207, Burhar, Tahsil Sohagpur, District Shahdol. The case of the plaintiff in the Court below was that by Hukumnama date 26-8-41 the then Pawaidar, Shri Lal Shiv Pratap Singh, granted the aforesaid Khasra No. 1207 to Kishore Chand who later on built shops and residential accommodation. After the expiry of said Kishorchand on 1-7-72 his widow Kasturibai, the defendant No. 1, and daughter, Anguribai, the plaintiff, inherited the said land with superstructure standing on it under the provisions of Hindu Succession Act, 1956. It was pleaded that the defendants, namely, Sunil Kumar and Sanjay Kumar, the sons of Virendra had no right, title or interest over the suit property. In Paragraph 4 of the plaint it was set