R.B. Dixit, J.

1. Feeling aggrieved by the judgment and decree dated 11-10-96, passed in Civil Appeal No. 20-A/89, of Addl. Judge to Distt. Judge, Morena at Sheopurkalan, partially modifying the judgment and decree in Civil Suit No. 203-A/88, of IInd Civil Judge, Class II, Sheopurkalan, the appellants/plaintiffs have come up in appeal, seeking redress praying for reversal of the impugned judgment and decree.

2. The facts in brief shorn of details and necessary for the disposal of this appeal He in a narrow compass. Nabbo Bai had filed the suit for declaration and permanent injunction regarding agricultural land situated in village Bich-gawadi on the ground that she has 1/4th share in the disputed land alongwith defendant No. 3 who also possessed 1/4th share and deceased Narvada was having half share in the property. Narvada had sold half of her share in the disputed property to respondent Nos. 1 and 2, whereupon respondent Nos. 1 and 2 initiated partition proceedings before Tehsildar, Sheopurkalan and Tehsildar, Sheopurkalan, vide his order dated 29-12-69, proceeded to decide the application ex parte, while, in fact the plaintiff was not properly served.

3. Learned Trial Court