1. - This appeal is directed against the judgment and decree dated 6.10.2008 passed by the Additional District Judge, Sirohi, whereby the appeal filed by the respondents-plaintiffs was allowed and the cross-objections filed by the appellants-defendants were dismissed, resulting in reversal of the judgment and decree dated 26.10.2007 passed by the Civil Judge (Jr. Div.), Abu Road.

2. The facts in brief may be noticed thus the plaintiffs Ashok Kumar and Ravi Kumar sons of Harish Chandra filed a suit for possession and recovery of mesne profit against the defendants with the averments that a house situated at Ambaji Road, Mill Kothi Road at Abu Road is of plaintiffs and defendant No. 9 - Harish Chandra, their father's ownership, the property was ancestral regarding which patta was issued in the name of Maujiram Bhoormal by the erstwhile Sirohi State on 30.7.1903; Maujiram and Bhoormal were members of the Joint Family; Bhoormal had two sons namely Banshi Lal and Matadeen, after whose death the joint property was orally partitioned on 24.8.1978, wherein the suit property came to the share of the plaintiffs and defendant No. 9 and they became owners; a part of the suit property i