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MADHYA PRADESH HIGH COURT
, J
Mohd. Shareef Khan (since died, now by LRs Mohd. Habib and others) – Appellant
Versus
Mohd. Hanif – Respondent
| Table of Content |
|---|
| 1. review of ownership dispute and identification of rightful possession. (Para 1 , 2 , 3 , 4) |
| 2. framework for understanding case appeal and relevant legal questions. (Para 5 , 6) |
| 3. joint family property established despite individual registration. (Para 10 , 11 , 12 , 15) |
| 4. counterclaim issues related to procedural incorrectness. (Para 16 , 17) |
| 5. final ruling on shares and modification of previous decree. (Para 18 , 19 , 20) |
1. This second appeal is preferred by the plaintiff Mohd. Shareef Khan (since died, now by LRs Mohd. Habib and others) challenging the judgment and decree dated 02.09.1998 passed by District Judge, Raisen in civil appeal No.8 - A / 96 reversing the judgment and decree dated 18.04.1995 passed by Civil Judge Class I, Bareli, District Raisen, in Civil Suit No.71 - A / 94.
2. In short, the facts are that, original plaintiff Mohd. Shareef Khan instituted a suit for permanent injunction claiming himself to be exclusive owner of the disputed house and prayed that the defendant be restrained from making any interference in his possession over the disputed house which he received after death of Yakoob Khan as shown in the plaint map from item No.4.
3. The
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