JUDGMENT :

1. This is plaintiff's first appeal under Section 96 of the CPC against the judgment and decree dated 28th June, 2007 passed by 9th Additional District Judge (FTC), Raipur in Civil Suit No. 20-A/2003, whereby the suit filed by the plaintiff for declaration and permanent injunction has been dismissed.

2. Facts of the case, in brief, are that the plaintiff has instituted a civil suit for declaration of title and permanent injunction on 30.08.2001 stating inter alia that plaintiff is title and possession holder of the suit property as well as house constructed and other amenities attached with the suit property ad-measuring area 14.90 acres as described in para 2 of the plaint. The aforesaid suit property was given to him by executing a Will on dated 30.12.1979 by Shiv Prasad Sahu, S/o Mayaram Sahu and Smt. Rambati Bai, widow of Shri Ram Sahu, resident of village Dhulna, Police Station Rajim, Tahsil Abhanpur, District Raipur. When the said Will was executed, the plaintiff was minor i.e. aged about 4 years. Shiv Prasad Sahu and Smt. Rambati Bai had expired in the years 198