JUDGMENT :

GOUTAM BHADURI, J.

1. Challenge in this appeal is to the judgment and decree dated 24-11-2018 passed by the Second Additional District Judge, Korba, in Civil Suit No. 1-A/2017 whereby the suit has been decreed in favour of the plaintiffs.

2. The suit was filed by Rakesh Kumar Agrawal and Smt. Bhumika Devi Agrawal, plaintiffs, with the pleading, inter-alia, that:

(i) they formed a joint Hindu family along with Subhash Chandra Agrawal (Defendant No. 1); Smt. Beena Devi Agrawal (Defendant No. 2) and Nidhi Agrawal (Defendant No. 3) and they had divided the property and thereafter they were in possession of the respective suit property and memorandum of partition was executed on 20-9-2004 wherein the defendants No. 1 to 3 signed the document in presence of Prabhuram Agrawal and Radheshyam Bansal.

(ii) plaintiffs further pleaded that pursuant to the memorandum of partition, defendants No. 1 and 2 on 20-9-2004 executed an affidavit to fortify the facts of the earlier partition.

(iii) according to the plaintiffs, they were in possession of the property as per the earlier partition effected and the subject property of memorandum includes land bearing khasra No. 890/32 and 890/34 situat