( 1. ) THE appellant/plaintiff has directed this appeal under section 100 of the CPC being aggrieved by the judgment and decree dated 30. 11. 94 passed by the District Judge, Seoni in Civil Regular Appeal No. 2-A/94, setting aside the judgment and decree dated 26. 3. 94 passed by the Civil Judge class-I Lakhnadon in Civil Original Suit No. 72--A/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 acre, situated at village Pahadi, Tehsil 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 respondent 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 respondent No. 3 and 4, the sons of respondent No. 1 were also inserted as purchasers in the sale deed with the name of Ramko Bai. Subsequent to such acquisition, i