1. This is defendants' first appeal under Section 96 of the Code of Civil Procedure (for brevity 'the C.P.C.') against the judgment and decree dated 21.09.2004 passed in Civil Suit No. 18-A/2002 by the 4th Additional District Judge (F.T.C.), Raigarh whereby and whereunder the plaintiff's suit has been decreed.

2. During the pendency of the appeal, appellant No.2 - Chandra Sekhar and respondent No.1/plaintiff have died and their legal representatives were brought on record.

3. Facts of the case in brief are as under:

(i) The original plaintiff (since deceased) filed a civil suit for declaration of his title over the suit property i.e. house described in Schedule-A, situated at Raigarh and agricultural lands situated at village Sahaspur, Tahsil Sarangarh, total area 2.631 hectares described in Schedule-B, for recovery of possession of the house property, described in Schedule-A and for permanent injunction to restrain defendants from interfering in his possession over the agricultural lands described in Schedule-B of the plaint, inter alia on the grounds: the suit property was self-earned property of late Samaru Ram i.e. his father, who bequeathed the suit property in plaintiff