JUDGMENT

1. This second appeal has been filed against the judgment and decree dated 30.8.1997 passed by 3rd Additional District Judge, Vidisha in Civil Appeal No. 82-A of 1994, thereby setting aside the judgment and decree passed by Civil Judge, Class 1, Kurwai, Distt. Vidisha in Civil Suit No. 4-A/1984.

2. The original Plaintiff Gopal Rao, who died during the pendency of the civil suit and was substituted by his legal representatives, had filed a suit for declaration of title and permanent injunction which was decreed by the trial Court and it was held that the plaintiff is the owner and in possession of the land in dispute and permanent injunction was issued against the defendants No. 1 to 3/respondents No. 2 to 4.

3. The necessary facts for disposal of the present appeal in short are that the original Plaintiff Gopal Rao, filed a suit for declaration of title and permanent injunction. Original Plaintiff Gopal Rao expired during the pendency of the civil suit and accordingly, the appellants were brought on record being the legal representatives of Original Plaintiff Gopal Rao. It is the case of the plaintiffs/appellants that Narayan Rao, father of original plaintiff Gopal Rao, was t