B.R. GAVAI, J.

1. This appeal arises out of the judgment and order passed by the learned Civil Judge, Senior Division, Palghar in Special Civil Suit No. 528 of 1996, dated 20th January, 1998 thereby dismissing the suit of the plaintiffs, which was filed by the present Appellants alongwith other plaintiffs, viz. Respondent Nos. 14 to 21 herein.

2. The facts in nutshell out of which the present appeal arise are as under:

3. For appreciating the lis between the parties, it will be convenient to refer the genealogy of the parties, which is as under:-

Genealogy Gulam Nabi Bhure (Died 25.12.1963)
Zubaida (Daughter) (Died on 23.2.1965)	Khalil (Son) (Def No. 1)				Zulekha Rais (Daughter) (Def No. 5)
Aziz Khan (Husband) Plf. No. 13 (R-21) (Died LRs / R 21/1 to 21/3)
Plt. Nos. 1 to 12 (Children)	Zaheer (D2)	Adil (D3)	Zaki (D4)	Rufi (D11)

Respondent of the Defendants are other parties