Sanjay K. Agrawal, J.

1. The substantial questions of law formulated and to be answered in plaintiffs' second appeal are as under:-

"(i) Whether the suit was barred under Section 257 of the M.P. (C.G.) Land Revenue Code?

(ii) Whether the Courts below were justified in not passing decree for possession especially when the Trial Court has recorded finding vide issue No. 1 that a portion of 0.14 RA ¼vkjs½ of land bearing Khasra No. 527 was under encroachment of the defendants?"

(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:-

2.1. Plaintiffs, herein filed a suit for recovery of possession, permanent injunction and damages of the suit land bearing:

Khasra No. Area

527 0.24 vkjs (hectare)

525 0.12 vkjs (hectare)

522 0.27 vkjs (hectare)

situated at Village Likhama, Tehsil Nagri, District Raipur claiming to be Bhumiswami and in which, the defendants illegally dispossessed them/encroacher upon them.

2.2. The defendants filed their written statement opposing the aforesaid