1. This appeal by plaintiff is directed against the judgment and decree dated 24.6.2005 in civil appeal No.2-A/2005 confirming the judgment and decree dated 30.6.2004 in civil suit No.16A/2003. Plaintiff’s suit for declaration and permanent injunction has been dismissed.

2. Facts necessary for disposal of this appeal are to the effect that plaintiff/appellant is the sole daughter of defendant No.3; father of the appellant/plaintiff-Ratiram was the real brother of defendant No.1-Shanti Kumar. It is not disputed between the parties that Ratiram and Shanti Kumar jointly held ancestral property, out of which relevant for the purpose of instant suit is falling in survey Nos.980, 981 and 1001 admeasuring 2.20 hectare, however, the same is recorded in the name of Shanti Kumar in revenue records. Partition had taken place between the brothers and the land falling in survey Nos.980, 981 and 1001 plus survey No.966 admeasuring 2.648 hectare of land had fallen to the share of Ratiram and rest of the ancestral land was held to be of the ownership of Shanti kumar, which has been mutated in the name of Shanti kumar and after partition both brothers have been in possession of the respectiv