( 1 ) THIS appeal has been filed by plaintiff against the judgment and decree dated 22-4-1996 passed in Civil Suit No. 5-A/95 by First Additional District Judge, seoni.

( 2 ) THE suit of plaintiff is for declaration that he is having share in the suit house and defendants No. 2 to 8 have no right, title or interest therein; the plaintiff further prayed that he is entitled for partition, separate possession and compensation for use of the suit property by defendants 2 to 8. The family tree of plaintiff and defendants is as under :

( 3 ) THE suit house is constructed on plot no. 95/2 and Plot No. 96/3, a map thereof (Contd. on Col 2) is annexed to the plaint. On the ground-floor of this house defendants 2 to 8 are residing, on first floor the plaintiff and on the second floor defendant No. 1 resides. Kapoor Chand chaurasiya purchased this house from one babulal Lakhera on 19-11-1951. Kapoor chand died issueless on 11-4-1988. Plaintiff Sunderlal and defendant No. 1 Tejilal are the nephews of Kapoor Chand. his third nephew was Chhiddilal who had since died. Defendants No. 2, 3, 5 to 8 are the sons and daughters of chhiddilal and defendant No. 4 is his widow. One Huk