( 1 ) THIS Appeal is directed against the Judgment and Decree, dated 19th november, 2004 passed by the learned District judge, Special Division-II, Sikkim in Title appeal No. 2 of 2003, who had dismissed the suit by reversing decree dated 29th November, 2002 passed by the learned Civil Judge, east, in Civil Suit No. 10 of 2001 filed by the appellants. Thus, the Plaintiffs who had filed the Civil Suit in the Court of the learned Civil judge, East at Gangtok, and had obtained a decree in their favour, are now the Appellants in the present Second Appeal.

( 2 ) THE following is the backdrop of the case between the parties. One Shri Gopalji Prasad, who is the common male ancestor of the parties," being the father of the Respondents and grandfather of the Appellant Nos. 1, 2 and 3 and great grandfather of the Appellant No. 4, owned several movable and immovable properties in Sikkim, as well as outside. The properties so owned by him, were partitioned with his five sons in the year 1987, vide, partition deed executed on 31st July that year. In the partition, Shri Gopalji prasad only retained some property for himself and the rest were all partitioned among his sons. Among