JUDGMENT :

1. Heard on admission.

2. The second appeal has been filed by the appellant/defendant under Section 100 of the C.P.C. against judgment and decree dated 14.07.2021 (Annexure A/1) passed by District Judge, Bemetara, District-Bemetara (C.G.) in Civil Appeal No. 08A/2020 (Murari Sahu & others v. Tarni Sahu & others) affirming the judgment and decree passed by Second Civil Judge Class-II, Bemetara, District-Bemetara (C.G.) in Civil Suit No. 01-A/2017 on 24.12.2019 (Annexure A/2).

3. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 1-A/2017 which was filed for declaration of title partition and permanent injunction.

4. The brief facts, as reflected from the plaint averment, are that the plaintiff has filed Civil Suit No. 01-A/2017 before Second Civil Judge Class-II, Bemetara for declaration of title, partition of suit land situated at village Berlakala, Tahsil Berla, District Bemetara measuring about 3.43 hectare and for grant of permanent injunction. It has been contended that the plaintiff and defendants are Hindus and they are governed by Mitakshara Branch of Hindu Law and their grandfather of Ludu owned of the land situat