1. This instant appeal is preferred against the judgment & decree dated 04.07.1998 passed in Civil Appeal No.37 - A / 97 by the Second Additional District Judge, Bastar (Jagdalpur). By such judgment & decree, the appellate Court reversed the judgment & decree dated 25.01.1997 passed in Civil Suit No.226 - A / 96 by the Third Civil Judge Class - II, Jagdalpur. The instant appeal is by the plaintiff.

2. The briefly stated facts of the case is that a suit was filed by the appellant against Trilokinath Agarwal, Smt. Usha Kiran Agarwal and Deepak Agrawal for declaration and permanent injunction. The undisputed facts are that the house comprised over the Nazul sheet No. 78, Plot No.103/2, admeasuring 6285 sq.ft. was recorded in name of M/s. Gajadhar Prasad Kashi Prasad, a partnership firm. The firm had four partners namely Bhuwneshwar Prasad Agarwal (died on 13.07.1962), Udaynarayan Agarwal (Plaintiff), Trilokinath Agarwal (Defendant - 1) and Smt. Singharabai (died on 21.09.1973). The said property was in name of the firm M/s. Gajadhar Prasad Kashi Prasad and plaintiff was residing in the said property right from the year 1943. The partnership firm was dissolved on 02.11.1956. After disso