1. Invoking appellate jurisdiction of this Court under section 96 of the Code of Civil Procedure, 1908 appellants have filed this appeal challenging the legality, validity, propriety and correctness of the judgment and decree dated 4.10.1997, passed by XII Additional District Judge, Jabalpur in Civil Suit No.543-A/94 decreeing respondents-plaintiffs claim to the extent of 2/9th share in the property left behind by Smt. Laxmi Devi.

2. Facts leading to the filing of this appeal in nutshell are that Mahadeo Prasad and Sharda Prasad were real brothers. Sharda Prasad had three sons namely plaintiff Ram Prasad, defendant No.4, Shiv Prasad and Jawala Prasad. Laxmi Devi was the wife of Mahadeo Prasad. Smt. Laxmi Devi purchased the suit plot and constructed house on the half portion and remaining half portion remained vacant. As the parents of plaintiff, defendant No.4 and Jwala Prasad died when they were quite young, they started living with their paternal uncle Mahadevo Prasad. Jwala Prasad was transferred to Pune but his family remained with Mahadevo Prasad. Defendant No.5 Shiv Prasad was transferred to Bhopal. Jwala Prasad continued to live in the newly constructed house of Smt.