JUDGMENT :

1. This appeal is filed under Section 96 of the Code of Civil Procedure, 1908 challenging the judgment dated 28.08.2013 and the decree dated 29.08.2013 by which the Title Suit No.16 of 1978, filed by the plaintiffs (appellants herein) has been dismissed.

2. A plaint was filed by the plaintiffs, which was registered as Title Suit No.16 of 1978, praying for a decree for partition of the properties mentioned in various schedules of the plaint and an order for separate possession. A decree for mesne profit was also prayed for with a direction for taking up of accounts.

3. The plaintiffs stated in their plaint that the parties are members of Joint Hindu Undivided Family and Khemraj Jain is the common ancestor. The parties are governed by Mitakshara School of Hindu Law. As per plaint, plaintiff Manilal Jain and Defendant Madan Lal Jain are brothers constituting HUF. The case of the plaintiffs is that parent business of Hindu Undivided Family is running in the name and style of M/s