JUDGMENT

1. Heard on the question of admission.

2. The present Second Appeal has been filed by the appellants/plaintiffs u/S 100 of the Code of Civil Procedure, 1908 (in short "CPC") against the judgement and decree dtd. 26/2/2020, passed by the IInd Additional District Judge, Barwani (M.P.) in regular Civil Appeal No.15/2017, affirming the judgement and decree dtd. 31/1/2017 passed by the Civil Judge Class-I, Rajpur, District Barwani in Civil Suit No.02A/2014 filed by the appellants for declaration of title and permanent injunction, which was dismissed.

3. It is an admitted fact that agricultural land bearing Survey No.35/1, area 6 acres, situated at village Salkheda, Tehsil Rajpur, District Barwani (M.P.) (hereinafter referred as the "suit land") is recorded in the name of plaintiffs and the fathers of the respondents as owner. Plaintiffs and defendants are members of same family. The suit land is joint property of both the parties.

4. Facts of the case in brief are that there was a mutual partition for more than 50 years ago between father of appellants/plaintiffs and fathers of respondents/defendants. Thereafter, both the parties are in possession in their respective shares. The