JUDGMENT

J.P.Gupta, J. - This second appeal under Section 100 of C.P.C. has been preferred against the judgment dated 31.1.2005 passed by 5th Additional District Judge, Fast Track Court, Chhatarpur in Civil Appeal No.70-A/2004 confirming the judgment and decree dated 22.7.2004 passed by I Civil Judge, Class II, Chattarpur in Civil Suit No. 57-A/03.

2. In this case the admitted facts are that the appellant/plaintiff and the original respondent/defendant no. 1 Preetan Singh (now he is dead) are sons of late Durag Singh and the respondents/defendant nos. 2 and 3 are sons of original respondent/defendant no. 1 Preetam Singh and the respondent/defendant Dinesh is son of the plaintiff/appellant.

3. Facts giving rise to this appeal are that the appellant/plaintiff filed a civil suit before the trial Court stating that the plaintiff/appellant and his brother, original defendant/respondent no. 1 Preetam Singh and their father Durag Singh were coparceners and have several lands and on 9.5.1978 amongst them partition had taken place in which land bearing survey no. 2461 area 2.096 hectares, survey no. 2664/3 area 1.173 hectares, survey no. 2664/4 area 1.475 hectares and survey no. 770 area 0.2