1. The instant appeal is directed against the concurrent judgment and decree of the first appellate Court dated 15.9.2011 passed by District Judge, Vidisha in Civil Appeal No.59-A/2010 confirming the judgment and decree dated 1.10.2010 passed by Civil Judge, Class-I, Kurwai, District Vidisha in Civil Suit No. 33-A/2009.

2. Facts necessary for disposal of this appeal as per plaint allegations are that plaintiff No.1-Gajraj Singh is father of plaintiffs No.2 to 5. Defendant No.1 is son of pre-deceased daughter of plaintiff No.1 and defendant No.2 is a purchaser of the suit land from defendant No.1.

3. A suit for declaration of title and permanent injunction was filed in respect of the suit land described in para 2 of the plaint and situated in village Roshanpipariya, Tahsil Kurwai, District Vidisha (hereinafter shall be referred to as “suit land”). The suit land, falling in total area of 38.337 hectare, originally belonged to one Takhat Singh, father of plaintiff Gajraj Singh. After the demise of Takhat Singh, the aforesaid land was divided amongst his three sons viz. Gajraj Singh, Khilan Singh and Phool Snigh. On such division, land ad-measuring 12.779 hectare fell to the sha