JUDGMENT

1. This Second appeal under section 100 of Civil Procedure Code (for brevity, CPC) has been filed by the appellants (Lrs. Of original plaintiff Kutubuddin) against the judgment & decree dated 27.10.2004 passed by 3rd Additional District Judge, Gwalior in Civil Appeal No.32A/2003 reversing the judgment & decree dated 30.8.2003 and allowing the cross-objection of respondents/defendants passed by VI Civil Judge Class-1, Gwalior in Civil Suit No.102A/98, by which, the learned Civil Judge had partly allowed the suit to the extent that the sale deed dated 08.01.1985 is null & void, however, the relief for recovery of possession was denied.

2. The undisputed facts of the case are that the house No. 18/581, 49/1053 and new house No. 53/59 shown in the plaint map are situated at Mohalla Channa Kothar, Kampoo, District Gwalior (hereinafter referred to as “property in dispute”). It is also not in dispute that the aforesaid property was in the ownership and possession of one Gulam Moidden Khan, who was the father of original plaintiff Kutubuddin, original defendant No.2 Yakub and their sister Musammat Kallo who was arrayed as plaintiff No.-2 at the time of filing of suit; however, late