1. - This appeal under Section 100 CPC is directed against judgment and decree dated 07.08.2008 passed by Civil Judge (Junior Division), Kapasan as upheld by appellate judgment and decree dated 04.11.2008 passed by District Judge, Chittorgarh.

2. The appellants-plaintiffs filed suit for permanent injunction seeking restraint against the respondents-defendants from raising construction over the disputed site without partition and not to dispossess them from the joint possession. The suit was inter alia based on the claim that the disputed 'Guwari' was joint ancestral property and, by way of partition 40 years back, the said Guwari fell in the share of father of the plaintiffs and defendants, who were brothers and one more Guwari fell in the share of the 4th brother. The defendants were seeking to raise construction on the said Guwari and they had dug foundation for the said purpose and such construction would result in their dispossession from the said Guwari.

3. A written statement was filed by the defendants disputing the claim that the property in question was joint and, inter alia, indicating that the plaintiffs have no right, title or possession on the suit property and