Mudgal, J. 1. The appellants/plaintiffs have filed the appeal under section 96 of Civil Procedure Code, being aggrieved by the judgment and decree dated 13.9.2002, passed by the Court of First Additional District Judge, Guna (Shri J.S. Varma) in Civil Suit No. 47A/2000 dismissing the suit for declaration of title and permanent injunction. In this appeal appellants are referred as “plaintiffs” and the respondents as “defendants”.

2. The following admitted facts have come on record:-

The plaintiff No. 1 Gajanand, plaintiff No. 2 Babulal and the defendant No. 1 Gordhan are real brothers and are sons of Gyasiram. As plaintiff No. 1 Gajanand and defendant No. 1 Gordhan have died during pendency of the suit and their legal representatives have already been brought on record. The disputed survey No. 1425/2 area 1.254 hectares in the Khasra Ex-P/1 was entered in the name of defendant No.1 Gordhan as Bhumiswami who had executed the sale deed on 15.1.92 in favour of defendant No. 2. Validity of the sale deed was not challenged by the vendor Gordhan in his life time.

3. The facts in brief of the plaint are that the plaintiffs Gajanand, Babulal and defendant No. 1 Gordhan were members of