V.M.Jain, J.

1. This regular second appeal has been filed by the plaintiff-appellant against the judgment and decree passed by the learned Additional District Judge, whereby the appeal filed by the defendant was allowed, the judgment and decree passed by the trial Court were set aside and the suit of the plaintiff was dismissed.

2. The facts in brief are that Mukanda filed a suit for declaration with consequential relief of permanent injunction against the defendant-respondents. It was alleged that the Civil Court decree dated 14.2.1978, titled as "Kura etc. vs. Saudagar", was illegal and void and not binding on the rights of Mukanda, the plaintiff, and that Mutation No.495 dated 26.5.1980, entered into on the basis of the said decree was also liable to be set aside. By way of consequential relief, it was alleged that the defendants be restrained from alienating the property in any manner, whatsoever. It was alleged that Saudagar was the owner of the suit land and that the same was Joint Hindu Family property and coparcenary property and the plaintiff was a member of the coparcenary. It was alleged that the suit land was the ancestral property of Saudgar (deceased) qua the