JUDGMENT :

Heard on admission and formulation of substantial question of law.

1. This second appeal is preferred under Section 100 of the C.P.C. by the appellants against the judgment and decree dated 09.01.2013 passed by the learned IInd Additional District Judge, Mahasamund (C.G.) in Civil Appeal No. 84-A/2011, whereby the judgment and decree passed by the learned Civil Judge Class-II, Saraipali, District Mahasamund (C.G.) in Civil Suit No. 268-A/2002 dated 28.04.2008 has been affirmed.

2. The facts of the present case are that the plaintiffs filed a civil suit for declaration of title, possession and permanent injunction with respect to lands comprising survey No. 242 admeasuring 4.55 hectares; survey No. 244 admeasuring 0.78 hectares and survey No. 256 admeasuring 0.90 hectare which was originally recorded in the name of Ramcharan. Ramcharan and Bakhariya were real brothers. Ramcharan died issueless. Brijlal and Siyalal were real brothers. The plaintiffs are sons of Brijlal, whereas the defendants are sons of Siyalal. The suit property was given to the father of the plaintiffs namely, Brijlal as he was adopted by Ramcharan and the adoption deed was executed on 18.01.1962. The defe