JUDGMENT

TARUN CHATTERJEE, J

This appeal by special leave is directed against the judgment and decree passed by a learned Judge of the High Court of Himachal Pradesh in Regular Second Appeal No. 281 of 1988 reversing the judgment and decree dated 19th of May, 1988 passed by the Additional District Judge, Nahan and the judgment and decree dated 30th of March, 1985 passed by the Subordinate Judge (First Class - Paonta Sahib, Dist. Sirmaur), whereby the Second Appeal filed by the plaintiffs/respondents was allowed and thereby, the suit filed by them was decreed. Be it mentioned herein, the original plaintiff died during the pendency of the suit and his heirs and legal representatives were substituted in his place.

2. The case made out by the original plaintiff (since deceased) in his plaint, may be summarized as follows :-

One, Randeep Singh, was the owner of the land measuring 83 bighas, 7 biswas comprising in Khata Nos. 11/38 to 11/41 in village Amboa, Tehsil - Paunta Sahib, Dist. Sirmaur. The said land was under the tenancy of Kundan Singh, Gulab Rai and Jaishi Ram, sons of Sukh Dayal to the extent of 1/3rd share each. After the death of Kundan Singh, Gulab Rai and Jaishi Ram, the t