1. This is plaintiff’s second appeal against the judgment of reversal passed by learned first appellate Court dismissing the suit.

2. The facts necessary for disposal of this appeal lie in narrow compass. Suffice it to say that plaintiff Rajesh filed a suit arraying his father Keshar Singh and step-brother Babu as defendants No.1 and 2. Since the suit property is agricultural land, the State of M.P. has been arrayed as defendant No.3 in view of Order 1 rule 3(B) CPC (State Amendment). The suit is for declaration of his share, partition and delivery of separate possession. According to plaintiff, the suit property which is agricultural land is ancestral property and because he is having 1/3rd share in the suit property, it be so declared and accordingly partition be effected by delivering possession of 1/3rd share to him.

3. The defendants No.1 and 2 filed written statement and denied the plaint averments. According to the defendants, the suit property is not the property of HUF. Further it has been denied that plaintiff is the son of Keshar Singh. It has also been pleaded in the special plea that plaintiff’s mother Sampat Bai is not the wife of Keshar Singh. In the written st