1. The plaintiffs/appellants have preferred this second appeal under Section 100 of the Code of Civil Procedure, 1908 (for brevity CPC) against the judgment & decree dated 16.03.2016 passed by the Learned District Judge, Baloda Bazar, Baloda-Bazar-Bhatapara C.G. in Civil Appeal No. 58-A/2014 (Bhiman Das & Anr. Vs. Mangalchand & Ors.) arising out of the judgment and decree dated 23.07.2014 passed by the Trial Court in Civil Suit No. 68-A/2011 (Bhiman Das & Anr. Vs. Mangalchand & Ors.) whereby the learned trial Judge has dismissed the suit of the plaintiff/ appellant. For the sake of convenience, the parties would be referred as per their status before the learned trial Court.

2. The plaintiffs instituted the suit for declaration of title, permanent injunction and possession to the extent of 3/4th share over the land bearing Khasra Nos. 316 and 320/1, admeasuring 1.396 and 0.061 hectares respectively, total area 1.457 hectares, situated at Village Chheskadih, P.H. No. 27, R.I. Circle Palari, Tehsil Palari, District Balodabazar (C.G.) pleading inter alia that suit property was inherited by defendant No. 1 from his father Sonkali, and thus constitutes ancestral property. I