( 1 ) THE decree passed in favour of the plaintiffs of declaration and of permanent injunction passed by the trial Court in relation to the suit land situated at Survey No. 531 in village Babrod, Tahsil Mungaoli of Guna District, area 1 Bigha 13 Biswa, was reversed by the First Appellate Court. Aggrieved of this dismissal of the suit, the plaintiffs have preferred this second appeal.

( 2 ) BRIEF facts leading to this appeal are these: One Fodal Singh and Murli Singh, who were real brothers partitioned their properties and agricultural lands; land bearing Survey Nos. 220, 224, 243, 510 and 531, situated in village Babrod came in the share of Fodal Singh and the rest of the lands went to the Murli Singh. Mathurobai, plaintiff No. 1, was married to one Takhat Singh, but without seeking any decree of divorce, she, according to the custom prevailing in the caste, married Fodal Singh and started living with him as his wife. Mathurobai gave birth to one daughter and two sons. It is not disputed that appellants Nos. 2, 3 and 4 are the children of Fodal Singh and Mathurobai. Fodal Singh died after about 15 years. After the death of Fodal Singh the names of the appellants/ pla