Manindra Mohan Shrtvastava, J.

This appeal is directed against the impugned judgment and decree dated 16-08-1999 passed by the 7th Additional District Judge, Bilaspur in Civil Appeal No. 112-A/1998, by which, the learned lower appellate Court has affirmed the judgment and decree of the trial Court and dismissed the appeal of the appellant/defendant.

2. Respondent Nos. 1 & 2/plaintiffs filed a suit against the appellants and deceased-defendant-respondent No. 3-Ramashankar Sharma for declaration and permanent injunction on the pleadings inter alia that the defendant No.5-Ramashankar, father of the plaintiffs received his share in the ancestral property under family partition from his father Sunderlal and thereafter, the partition of ancestral property took place between three sons, plaintiffs and one Prasann Kumar, on 01-06-1964 vide partition deed and thereafter, possession of respective share was also taken by the shareholders. After partition, the defendant No. 5-Ramashankar had no title or possession over the land in dispute. It was also pleaded that one of the brothers-Prasann Kumar died in the year 1979. In the year 1989, the plaintiffs came to know that the defendants