This appeal is directed against the judgment and decree dated 24-12-2003 passed in Regular Civil Suit No. 153-A/2000 by the II Additional District Judge, Bhopal, whereby the suit filed by the respondent has been decreed. Originally M.C.C. was filed by the appellants, which under the order of the Court, has been converted into the first appeal and is registered as such.

2. Brief facts giving rise to filing of this appeal are that the respondent/plaintiff claiming himself entitled to grant of decree of declaration and possession, filed an application for grant of permission to file the suit in forma pauperism as indigent person. Upon due consideration, the Court below reached to the conclusion that the respondent was liable to pay the Court fees and upon payment of the Court fees, regular civil suit was registered. The claim made by the respondent/plaintiff in the suit was that the property in dispute originally belongs to one Abdul Shakur, who died leaving behind his widow Rehman Bi, who also died in the year 1978. There were three legal heirs of the aforesaid persons, namely Abida Sultan, Abdul Aziz (original defendant No. 1) and Abdul Latif, Said Abdul Latif died issueles