JUDGMENT

1. This second appeal has been filed by the appellants/defendants challenging the judgment and decree dated 24.6.2004, passed by 6th Additional District Judge (Fast Track Court) Rewa in Civil Appeal No.43-A/04 whereby confirming the judgment and decree dated 28.1.2000, passed by 5th Civil Judge Class-II, Rewa, in Civil Suit No.225-A/1998 whereby the suit filed for declaration of 1/3rd share in the land survey No.204 area 0.85 acre situated in village (Mauja) Padra was decreed.

2. The facts in short are that, the land in question belonged to deceased-Vindheshwari Prasad, who was succeeded by his wife Mst. Sukhrajua (defendant 1) and two daughters Smt. Ramkali (defendant 2) and Smt. Murtikumari (plaintiff). The defendants 3-5 are sons of defendant 2-Smt. Ramkali. Vindheshwari Prasad died on 12.9.1988, leaving behind him the land survey No.204 area 0.85 acre, situated in Village (Mauja) Padra, Tehsil Huzur, Distrit Rewa. It is alleged in the plaint that after death of Vindheshwari Prasad, the plaintiff and defendants 1-2 are having 1/3rd share each and the defendants 3–6 or any other person have no right and Vindheshwari Prasad never executed any deed of transfer/agreement or W