( 1. ) The appellant/plaintiff has directed this appeal under section 100 of the CPC being aggrieved by the judgment and decree dated 30/11/1994 passed by the District Judge., Seoni in Civil Regular Appeal No. 2-A/94, setting aside the judgment and decree dated 26/3/1994 passed by the Civil Judge Class-I Lakhnadon in Civil Original Suit No. 72A/92 decreeing his suit for declaration against the respondents.

( 2. ) The facts of the case in brief are that the appellant herein filed the suit against the respondents for declaration with respect of the agricultural land bearing Survey No. 115/2, 117/2, 121/3-kh and 121/4-kh total area 16.83 acres, situated at village Pahadi, Tahsil Lakhnadon. As per averments of the plaint, the aforesaid land along with some other land total 41.80 acres was purchased jointly by the appellant and Mst. Ramko w/o Dharmu (maternal grand mother of respondents No. 1 and 2) from its earlier owner, through registered sale deed dated 12.12.1956 (Ex.P/1) in their equal share but the name of respondents No. 3 and 4, the sons of respondent No. 1 were also inserted as purcharers, in the sale deed with the name of Ramko Bai. Subsequent to such acquisition, in o