1. The appellant-plaintiff has directed this appeal under section 100 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 30.9.09 passed by Additional Judge to the Court of Additional District Judge, Mauganj, district Rewa in Civil Regular Appeal No. 13-A/09, whereby allowing the appeal of the respondents Nos. 1 and2, the judgment and decree dated 1.10.08 passed by Civil Judge, Class-I, Mauganj in Civil Original Suit No. 11-A/03 decreeing the suit of the appellant for perpetual injunction refusing the prayer of declaration with respect of the disputed agricultural land, the entire suit has been dismissed.

2. The facts giving rise to this appeal in short are that the appellant herein filed the impugned suit for declaration and for perpetual injunction against the respondents contending that initially the disputed land described in the plaint was belonging to the Pawaidar. Under the authority of the Pawai in the year 1921 -1922 one Trivikram Prasad mortgaged the same with possession with his grandfather and since then through his predecessors of the family, he is coming in possession of such land. Subsequent to such mortgage said Pawaidar or his L.Rs.