1. The substantial question of law formulated and to be answered by this Court in defendants' second appeal is as under:-

"Whether document Exhibit D-1 has been illegally discarded?"

[For sake of convenience, the parties would be referred hereinafter as per their status shown in the suit before the trial Court].

2. Sans unnecessary details, the facts which are essential to be stated for the purpose of disposal of the present second appeal are as under:-

Plaintiffs case:

2.1 The original plaintiffs, namely, Brij Bhushan and Brijraj filed a suit for declaration of title and permanent injunction. The relief of declaration was sought to the effect that they are owners of the suit properties situated at village Rameshpur and Shankarpur, Tahsil, Ramanujganj, District Surguja, described in Schedule 'C' and 'D' annexed with the plaint and the mutation of the land in favour of the defendants be declared null and void.

2.2 It is the case of the plaintiffs that at the time of Surguja settlement, the property in question was originally settled in the name of their father and uncle, namely, Ramgarib Kalar and Ramadhin Kalar in the 1938-1945. It was specifically averred in the plaint that Ramg