( 1 ) THIS appeal is filed by the plaintiffs challenging the judgment and decree dated 13-1-1998 passed by District judge, Datia, District Vidisha in Civil Appeal no. 14-A/95 whereby the first appellate Court has confirmed the judgment and decree dated 24-2-1977 passed by Civil judge Class II Kurwai in Civil Suit No. 84-A/74.

( 2 ) BRIEF facts of the case are that the plaintiffs have filed the present suit for declaration of title in respect of agricultural land bearing survey numbers 2025, 2026, 2027, 2028, 2031, 2032, 2033, 2034, 2036,2037, 2038,2039, 2041, 2042, 2043, 2044, 2049, 2062, 2063, 2064, 2065 and 2066 having an area 22. 606 hectare. According to the plaintiffs, the property was owned by Badri. Badrl had two sons Pyarelal and Pooran. Pyarelal died in Jan, 1937. He left behind three sons Nannu, Mannu, and Bhaiyyalal and widow Rambai, while Pooran died in september, 1949 and had a daughter saraswati Bai who married during the lifetime of Pooran. After the death of Pooran, his share devolved on the plaintiffs. As per the plaintiffs Rambai had no share in the property of Pyarelal and the property of pyarelal has also devolved on the heirs of pyarelal namely Nannu, Mannu and

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