Hon’ble B.S.Verma, J. (Oral)

Heard learned counsel for the appellants as well as learned counsel for the respondents and perused the record including the impugned judgment and decree.

2. This appeal by plaintiffs is directed against the judgment and decree dated 29-7-2005 passed by the District Judge, Bagshwar, in Civil Suit No. 28 of 2001, Jiwan Lal Sah and others Vs. Smt. Khashti Sah and others, whereby the suit for partition filed by the plaintiff-appellants has been dismissed.

3. Briefly stated the facts giving rise to the present appeal are that initially the plaintiff-appellants filed a suit for partition, which was registered as Original Suit No. 28 of 2001 in the court of Civil Judge (Senior Dvision) Bageshwar alleging therein that the parties to the suit are Bhumidhars of the house, appurtenant land, Angan Bara recorded in Khatauni Khata no.13 of village Katyur Math, Talla Katyur, Bageshwsar. According to the plaintiffs one of the ancestors of the plaintiffs, namely late Har Lal Sah Son of Mohan Lal Sah had sold his 1/4th share in plot no. 470 and plot no. 469 comprising house, land and Bara to one Sri Indra Lal Sah s/O late Jai Lal Sah by a registered sale deed d