U.C. Maheshwari, J.

Aforesaid both the appeals are arising out of same judgment and decree dated 10-12-1992 passed by the Additional District Judge, Panna, M.P. in Civil Regular Appeal No. 55-A/92. Thus, both are being decided by the common judgment.

For the sake of convenience hereinafter the Appellant of Second Appeal No. 175/93 is said to be plaintiff while Appellant of Second Appeal No. 21/93 is said to be the defendant No. 2.

The facts giving rise to these appeals are that the plaintiff had filed a suit in the trial Court for declaration and possession of the agricultural land situate at village Kakarhati bearing survey No. 1801, 1814 and 2037/1. As per averments of the plaint initially these lands belonged to one Mangaliya who survived by his two sons namely Gani and Mahagoo. The partition had taken place in between them in presence of the panchas on 30-3-1972. According to it the land bearing survey No. 2037/1 was given to Mahagoo while the land bearing survey Nos. 1801 and 1814 was given to Gani. Although the land was not mutated in revenue record accordingly but both the brothers remained in their separate possession as per partitioned. After demise of Gani his two sons