JUDGMENT :

1. The instant First Appeal has been filed by the appellant/ plaintiff under Section 96 of the Code of Civil Procedure,1908 challenging the judgment and decree dated 10.04.2008 passed by First Additional District Judge, Bilaspur in Civil Suit No. 52-A/2005 by which the suit filed by the plaintiff has been dismissed.

2. Brief facts necessary for disposal of this appeal are that plaintiff Amritlal and defendant No.1 Vishnukant are the sons of late Vyashnarayan. Defendant No.2 Shankaralal was also son of Vyashnarayan, subsequently, he was adopted by Ramkrishna, brother of Vyashnarayan. Defendant No. 4 Rajkumari Bai was the wife of defendant No.1. The property described in Schedule A, B and C is the suit property. The property described in Schedule-B is situated at village Baloda, Tahsil Janjgir Champa, District Janjgir Champa, measuring 14 acres of lands belonging to defendant's mother Smt. Rampyari Bai. After her death property described in Schedule-B has been inherited by plaintiff and defendant Vishnukant and they are entitled for ½ of the shares in the property. It has been contended that the property described in Schedule-C, land bearing khasra No. 67/1/31/B area 25 deci