(1.) The substantial question of law involved, formulated and to be answered in this second appeal preferred by the plaintiff is as under:-
(2.) The following genealogical tree would demonstrate the relationship among the parties:-
(3.) The suit property mentioned in Schedule 'A' annexed with the plaint i.e. 9.06 acres of the land was settled in favour of Ramdev and Rampati (plaintiff's father) by Surguja settlement vide Ex.P-1 and Ex.D-2. Since Ramdev died issueless, therefore, it was finally recorded in the name of defendant NO.1-Rampati and dispute also relates to 4.63 acres of land purchased by defendant No.1-Rampati from one Lallan vide Ex.D-3 on 4.4.1955. Defendants No.2 to 4 are sons of Rampati out of his wedlock with second wife Sukwariya. The plaintiff instituted a suit for declaration of title, partition and possession stating inter-alia that the suit property was originally the property of Sankuna and he was cultivating the land during Surguja settlement and he was entitled for settlement, but before Surguja settlement could be finalized, he died and accordingly, the suit property i.e. 9.06 acres was settled in favour of Ramdev & Rampati and since Ramdev died issueless, therefore, it was recorded in the name of defendant No.1-Rampati, as such, the property was coparcenary property in which the plaintiff and defendant No.1 have equal share and he is entitled for 1/5th share in the suit property.