1.

This second appeal has been filed by the appellants/defendants

challenging the judgment and decree dated 24.06.2004, passed by 6^th

Additional District Judge (Fast Track Court) Rewa in Civil Appeal No.43-

A/04 whereby confirming the judgment and decree dated 28.01.2000,

passed by 5^th Civil Judge Class-II, Rewa, in Civil Suit No.225-A/1998

whereby the suit filed for declaration of 1/3rd share in the land survey

no.204 area 0.85 acre situated in village (Mauja) Padra was decreed.

2.

The facts in short are that, the land in question belonged to

deceased-Vindheshwari Prasad, who was succeeded by his wife Mst.

Sukhrajua (defendant 1) and two daughters Smt. Ramkali (defendant 2)

and Smt. Murtikumari (plaintiff). The defendants 3-5 are sons of

defendant 2-Smt. Ramkali. Vindheshwari Prasad died on 12.09.1988,

leaving behind him the land survey No.204 area 0.85 acre, situated in

Village (Mauja) Padra, Tehsil Huzur, Distrit Rewa. It is alleged in the

plaint that after death of Vindheshwari Prasad, the plaintiff and defendants

1-2 are having 1/3rd share each and the defendants 3–6 or any other person

have no right and Vindheshwari Prasad never executed any deed of

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