Qureshi. J.

(1) This second appeal is directed against the judgment and decree dated 22-8-1974, passed by Shri S.S. Dwivedi, Additional District Judge, West Nimar, Khargone, in Civil Appeal No. 15-A of 1968 deciding the appeal against the judgment and decree dated 11-1-1968 passed by the Civil Judge Class I, Khargone in Civil Suit No. 20-A of 1966.

2. Facts leading to this appeal in short are that one Bhagwan s/o Rama filed a snit in the Court of the Civil Judge Class II, Khargone for declaration of his title on the ground that in village Salwan, agricultural land bearing Khasra No 187 area 2 acres is mutated in the name of the plaintiff and defendants Ganpat, Sakharam and Kadva. The land originally belonged to one Rama who bad three sons Ganpat i.e. plaintiff, Vitthal and Bhagwan. Vitthal had two sons, namely, Sakbaram and Kadva As such, the plaintiff and defendant No.1 are brothers and defendants No.2 and 3 are the sons of the deceased brother Vitthal.

3. According to the plaintiff, they were the members of joint Hindu family. But 40 or 45 years prior to the date of the institution of the suit there was a partition between the brothers. Since then each one was in possessio