JUDGMENT :

SANJAY S. AGRAWAL, J.

1. Challenge to this Appeal preferred by the Plaintiff under Section 96 of the Code of Civil Procedure, 1908 (for short ‘the Code of 1908’) is the judgment and decree dated 31.08.2006 passed in Civil Suit No. 44-A/2004 whereby the learned trial Court has dismissed his claim for partition and separate possession. The parties to this Appeal shall be referred hereinafter as per their description before the court below.

2. The facts which are essential to be stated for adjudication of this Appeal are that a suit for partition and separate possession has been made by the Plaintiff Shivnarayan Gupta submitting inter-alia that the properties described in Plaint Schedule ‘A’ situated at village Aarang and Baihar of District Raipur and village Sarekel of District Mahasamund are the Joint Hindu Family properties and they were being managed by his father Manrakhan Lal Gupta. According to the Plaintiff, his father, in the year 1982-83, entrusted and recorded lands in the name of himself, his wife Anusuiya Bai, his sons and their wives and also gave houses to them for better management of the family and it was not intended to be a partition. In pursuance of the sai