1. This Second Appeal is directed against the Judgment and decree in A.S. No.86/1989 reversing Judgment of the trial court and thereby decreeing Plaintiffs suit for declaration and permanent injunction in respect of S.No.349/1 to an extent of 2.40 acres. Unsuccessful Defendants are the Appellants. For convenience, parties are referred as per their array in the suit.

2. 1st Respondent/Plaintiff and the 2nd Appellant are the sons of the 1st Appellant. Case of the Plaintiff is that suit property was assigned to him under Ex.A1 "D" card Patta and Ex.A2 Patta was also issued in his favour. Plaintiff has been in continuous possession and enjoyment of the property. Alleging that the Defendants are trying to disturb his possession, Plaintiff has filed the suit for declaration and permanent injunction.

3. Denying exclusive possession of the Plaintiff in the suit property, Defendants have filed written statement contending that the suit property was in the possession of the 1st Defendant and "D" card was obtained in the name of Plaintiff for the benefit of family members. Suit property was orally partitioned by four sons and thereafter, all the four sons are in exclusive possess