JUDGMENT :

1. This second appeal has been filed by the appellants/defendants under Section 100 of the C.P.C. against judgment and decree dated 31.03.2011 passed by Additional District Judge (F.T.C.), Bemetara, District- Durg (C.G.) in Civil Appeal No. 9A/2011 (Tirath Ram & others Vs. Smt. Ratna Bai & others) setting aside the judgment and decree dated 12.10.2009 passed by Civil Judge Class-II, Saja, District- Durg (C.G.) in Civil Suit No. 40A/2009 for declaration of title, separate possession and grant of permanent injunction of the suit property mentioned in Schedule- A, B, C & D of the plaint.

2. For the sake of convenience, the parties shall be referred to in terms of their status in Civil Suit No. 40A/2009 which was filed for declaration of title, separate possession and grant of permanent injunction

3. The instant Second Appeal has been admitted for hearing by this Court vide its order dated 06.07.2011 staying the effect and operation of the impugned decree framing following substantial questions of law:-

“Whether the finding recorded by the first appellate court that there was no previous partition between Tirath Ram, Pawan and Devendra is perverse?”

4. The brief facts, as reflec