Judgment :-

Ganguly, J.

1. Leave granted.

2. The judgment and order of the High Court of Madhya Pradesh dated 4.2.2005 in S.A.

No. 572 of 2003 has been impugned in this appeal. The parties are descendants of common ancestor Pusau, who partitioned his property including the suit land during his life time. The suit which was filed by the appellants herein in Civil Suit No. 103A of 1997 was for declaration of title and permanent injunction in respect of Plot No. 138/6 and 207/1 situated at village Katangi and also for permanent injunction restraining the respondents-defendants from interfering in their possession.

3. Admittedly, it appears from the record that the appellants herein have disposed of plot No. 207/1. The suit is only confined in respect of Plot No. 138/6.

4. It is the concurrent finding of both the courts below that the aforesaid plot was never allotted to the appellants herein in the course of partition.

5. Whether the aforesaid plot was allotted in partition in favour of the appellants herein is a pure question of fact. The appellants wanted to rely on certain documents of partition in order to contend that the aforesaid plot was allotted in their favour. The concurrent