JUDGMENT

1. During the pendency of this appeal, appellant Govind Singh Yadav has expired and his LRs have been brought on record.

2. This first appeal is filed by the appellant (original defendant No.1) under section 96 of the C.P.C. challenging the judgment and decree dated 5.2.2010 passed in Civil Suit No.7-A/2007 by the First Additional Judge to the Court of First Additional District Judge, Panna.

3. The facts leading to the present appeal lie in a narrow compass. Suffice it to say that plaintiff (respondent No.1 herein) filed a suit for declaration, partition and possession claiming that the land of survey Nos.1771, 2552, 2553, 2554, 3293, 3295, 3297, 3298, 3299, 3301, 3302, 3304 total area 160.75 acre was a joint family property of the plaintiff & defendants No.1 to 5 (respondents No. 2 to 5 & appellant herein). The land of survey No.2553 area 0.2 acre, survey No.2552 area 0.10 acre and survey No.2554 area 0.18 acre was within Dham Mohalla, Panna, which was being used for cultivating vegetables and remaining land was agricultural land and was being used for agriculture pur