JUDGMENT

This appeal has been preferred under Section 96 of the Code of Civil Procedure assailing the judgment and decree dated 20.12.2004 passed in Civil Suit No.7A/2002 by II Additional District Judge, Chhatarpur dismissing the suit filed for declaration of title and permanent injunction.

2. The facts adumbrated in nutshell are as under :-

2A. The plaintiffs/appellants have filed a suit for declaration of title and permanent injunction claiming therein that the plaintiffs are the members of same family. Plaintiff No.1 is the wife of plaintiff No.2 and after getting married they are residing together at Chhatarpur. It is averred in the plaint that plaintiff No.1 owned and possessed the residential house bearing No.3, Ward No.20, Mahal Road, Near City Kotwali, Tahsil Chhatarpur, District Chhatarpur. Though, plaintiff No.2, being the husband of plaintiff No.1 was residing together in the same house but he had no share and right over the said house. The description of the house was given in the plaint map attached with the plaint and the same was was treated to be the part of plaint. The house in question was said to be the part of the property of the then ruler of Chhatarpur estate S