( 1 ) THE appellants/plaintiffs have preferred this appeal under Section 100 of C. P. C. being aggrieved by the judgment and decree dated 14-2-1996 passed by 1st additional District Judge, Rewa in Regular civil Appeal No. 9-A/9 5 affirming the judgment and decree dated 15-2-1995 passed by 3rd Civil Judge, Class-II, Rewa in Civil original Suit No. 271 A/94 regarding dismissal of his suit.

( 2 ) THIS appeal was admitted on the following substantial question of law :

"whether on the facts and in the circumstances of the case, the Courts below were justified in holding that though the plaintiff is in possession of the property but has not perfected his title as the permission was permissive. And whether the findings are contrary to record and pleadings. "

( 3 ) THE suit for declaration and injunction was filed by the appellant against the respondents regarding revenue land bearing Survey No. 348 (Old No. 267), area 0. 76, 787 (Old No. 638), area 0. 80 and 1445 (Old number 1091), area 0. 81 acres situated at village Amilike. ( 4 ) ACCORDING to the case of appellants the aforesaid land was recorded in the name of father of respondent No. 1 namely Ram kishore S/o Shri Suryadeen in record of

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