Hon'ble DR. SHARMA, J.—By this judgment and order we propose to dispose of this appeal which has been filed by the appellant-plaintiff being aggrieved by the judgment and order passed in the second appeal by the High Court of Madhya Pradesh.

2. The appellant-plaintiff filed a suit seeking for a decree for declaration of his title in respect of the suit property comprising Khasra No. 1709, Rakba No. 1.84 situated at village Bagota, Tehsil Narsinghgarh Purva, District Chhattarpur, Madhya Pradesh. The case as pleaded in the plaint was that the aforesaid land earlier comprised of an area of 1.84 acres of land which was under the title and possession of Madadev Prasad Richharia, the father of the appellant-plaintiff out of which some portion was under the physical use of Madadev Prasad Richharia on which a house was constructed and some other portion was surrounded by `Bari'. It was also alleged that from the aforesaid Khasra No. 1709 consisting of 1.84 acres of area, 0.53 decimal of land was sold to one Chhedilal Gupta in the year 1945 and that Mahadev Prasad Richharia, the father of the appellant-plaintiff had executed a sale deed to that effect in favour of Chhedilal Gupta and had al

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