ORDER

Appellant/defendant has preferred this second appeal under Section 100 of Code of Civil Procedure against respondent No.1/plaintiff Anil Kumar Jain and making another defendant as respondent No.2 being aggrieved by the judgment and decree passed by the Courts below.

2. Brief facts of the case are respondent No.1- Anil Kumar Jain filed a civil suit against appellant Kailashnarayan and his real brother -Gayaprasad, who is respondent No.2 in the present second appeal, before the Civil Judge, Class II, Mungawali, Distt. Ashoknagar for title declaration and for recovery of possession of his land situated at survey No.666/5/1 area 0.014 hectare (40x40 sq. ft.) in village Piprai Tahsil Mungawali. The said suit has been filed by the plaintiff through power of attorney holder Subhash Chand Jain, who is his father. It is not disputed that appellant- Kailashnarayan and respondent No.2 Gayaprasad are real brothers. They purchased a plot measuring 40x40 sq.ft from plaintiff Anil Kumar on 10.8.1990. It is the case of the plaintiff that land survey No.666/5/1/ area 1.009 hectare situated at village Piprai Tahsil Mungawali is in his ownership. The plaintiff prepared plots