( 1. ) BEING aggrieved by the judgment-decree dated 22-9-90, passed by II ADJ, Sidhi in C. A. No. 1-A/89, reversing, the judgment-decree dated 31-1-87, passed by III Civil Judge Class II, Shahdol in C. S. No. 33-A/86, plaintiff/appellant has preferred this appeal under Section 100, CPC.

( 2. ) THE appeal has been heard on the following substantial question of law :-

"whether the Lower Appellate Court was justified in dismissing the plaintiffs suit on the finding that the plaintiff/appellant was out of possession and, therefore, the suit for declaration was not maintainable ?"

OR "whether the Lower Appellate Court should have afforded an opportunity to the plaintiff/appellant to amend the plaint and claim the relief of possession also ?"

( 3. ) ADMITTEDLY suit land Khasra No. 501, area 0. 22 acres, Village Panchgaon, Tehsil Sohagur, District Shahdol is recorded in the name of plaintiff/appellant Rampramod. On a portion of this land, residential houses were constructed by defendant/respondents, however, the remaining portion of land described in Para 4 of the plaint-map attached therewith, remained in exclusive possession of plaintiff/appellant. Defendant/respondents on 25-2-78,