Manindra Mohan Shrivastava, J.

This appeal is directed against the impugned judgment and decree dated 30th January 2010 passed by the First Additional District Judge, Raipur in Civil Suit No.11A/2006 by which, the appellant/plaintiffs' suit has been dismissed.

2. Appellants/plaintiffs filed suit for recovery of possession of the disputed house as also for accounts and mesne profit on the pleadings inter alia that the father of the plaintiffs, Late Ghulam Abbas and father of the defendants, Late Mohammed Hussain, Nisar Ali and Adam Ali were sons of one Hussain Ali who held joint family property as also property acquired from their own income. It was further pleaded that a partition of family property had taken place amongst late Hussain Ali and his four sons as per panch decision on 03/09/1956 and later on, a deed of partition was also prepared on 10/02/1969, in which, the disputed house and certain lands situated at village Nakti fell to the share of late Ghulam Abbas. After the death of Ghulam Abbas, plaintiffs started living at Javra and the house in dispute remained in possession of defendants at Raipur which they were holding as constructive trustee on behalf of the pla