1. This appeal under Section 100 of the CPC is at the instance of the defendants in the suit challenging the judgment of the two courts below. Trial Court by the judgment dated 4.4.1996 had decreed the C.S. No. 70A/94 filed by the respondent-plaintiff and the first appellate court by the judgment dated 28.11.1998 by dismissing the Civil Appeal No. 53-A/1996 has affirmed the judgment of the trial Court.

2. The respondent No.1 had filed the suit for declaration, partition, possession and mesne profit pleading that the suit properties originally belong to Sevaram and on his death they were received by his sons Sitaram and Narayan. Respondent No.1 is the biological son of Sitaram, whereas the appellants are sons, daughters and widow of Narayan. It was further pleaded that respondent No.1 is the sole heir of Sitaram who had died 40 years prior to filing of the suit, when the respondent No.1 was a minor child. Narayan had taken care of the respondent No.1 and he was cultivating the suit land with Narayan and his name was also mutated in place of his father. Thereafter the respondent No.1 was taken in adoption by Chunnibai in village Banediya but he had continued to jointly culti