1. This appeal under section 96 of the Code of Civil Procedure, 1908 by the defendant-appellant has been filed against a judgment and decree dated 1st February, 2002 rendered in Civil Suit No.17-A/2000 by the Fourth Additional District Judge, Vidisha (M.P.) decreeing thereby the suit of the plaintiffs for declaration of title over the suit property (House No.34) situated in Ward No.5 of the Municipal Council, Vidisha by issuing permanent injunction against the defendant-appellant.

2. The facts in short just for the decision of this appeal are that Pannalal (deceased), the progenitor of the joint family died leaving behind his widow Smt. Rajkumari @ Rajjobai and their three sons, namely, Amarchand (late), Pooranchand (late) and Vasant Kumar (defendant-appellant herein) and also left two houses, first (suit house) is situated in Ward No.5 which was being used for family residence whereas another is situated in Ward No.6 which was a ruined condition and abandoned. The family properties, i.e., two houses mentioned above inherited from late Pannalal Jain were orally partitioned between the successors-members of the family. After family oral partition on the spot, one memorandum o