JUDGMENT :

S. RAVINDRA BHAT, J.

1. With the consent of the parties, this matter is heard finally. The present appeal challenges a judgment of the Madhya Pradesh High Court at Jabalpur, dismissing the petitioners’ second appeal¹ [Second Appeal No. 1738/2005, judgment dated 04.04.2013 passed by the Madhya Pradesh High Court at Jabalpur] and affirming the order and decree passed by the trial court² [Civil Suit No. 47A/94, judgment dated 29.09.2004 passed by the Second Civil Judge, Class-I, Mandla (MP)].

Facts and Contentions

2. The original first plaintiff - Laxmi Prasad, was the karta of a Hindu Undivided Family (HUF) consisting of his wife, Janki Bai (second plaintiff), two daughters - Sarita and Pushpalata (second and third plaintiffs), and two sons - Vijay Kumar and Rajendra Kumar (the first two defendants). The parties are hereafter referred by name, or as “plaintiffs” and “defendants.”

3. Laxmi Prasad purchased a property measuring 1.6 acres at Khasra No. 44/2 (in Bandobast No. 102, Patwari Halka No. 65 in Lalipur Ward) by agreement dated 15.02.1960 (hereafter “first property”). This first property was purchased in the name of Vijay Kumar (i.e. his son and first defendant). Another p