( 1. ) THIS appeal has been preferred by plaintiffs being aggrieved by judgment and decree dated 14-9-1988 passed by 8th Additional District Judge, Jabalpur dismissing their appeal and confirming the judgment and decree dated 11-1-1982 passed by the Trial Court holding that partition took place in the year 1954 and in pursuance to that partition the parties arc possessing their respective shares.

( 2. ) THE suit was originally filed by Moorat Lal Tiwari and on his death the present appellants were brought on record. The original plaintiff Moorat Lal filed suit against Nathuram, Lakhan Lai and Smt. Malida Bai. Moorat Lal was having two wives. From his first wife Nathuram defendant No. 1 was born.

After the death of his first wife, Moorat Lal married to Malida Bai (defendant No. 3) and Lakhan Lal (defendant No. 2) is his son from his second wife. Amarnath, Yogendranath and Ravindra Nath, who were brought on record as plaintiffs on the death of the original plaintiff Moorat Lal are his grand-children, they are the sons of Lakhan Lai.

( 3. ) MOORAT Lal filed suit for declaration that the suit property is his self acquired property and as such he is the owner of the said property s