( 1 ) THIS is a second appeal by the plaintiffs. Plaintiffs suit for permanent injunction and in the alternative for partition of a house and mesne profit has been dismissed by both the courts below. The suit property is a Chabutra. The trial court after considering the evidence on record held that the plaintiffs could not prove the alleged ancestral nature of the property or even its partition and the disputed Chabutra being allotted to their share. He also held that the plaintiffs were never in possession thereof and the defendants had been in exclusive and adverse possession of the suit property. The trial court dismissed the suit, for the plaintiffs failed to prove their title and possession over the property in suit.

( 2 ) THE lower appellate court on an appraisal of the evidence on record and after considering the contentions raised by the learned counsel for the plaintiffs held that the plaintiffs could not prove that the suit property ever pertained to any joint ancestral house of the parties or that on a partition it was allotted to their exclusive share. They also failed to prove that they were in possession of the suit property. The court further found