1. - This first appeal is directed against the judgment and decree dated 19.04.1982 passed by District Judge, Balotra, whereby, the suit filed by the respondents for declaration, injunction, possession and mesne profit has been partly decreed. The respondents-plaintiffs have preferred cross-objections under Order 41, Rule 22 CPC to the extent the trial court has declined the relief to them.

2. At the outset, it may be noticed that appellant No.1 has been described as Smt. Amrao Devi in the plaint; she has signed the written statement as Smt. Amrao Devi; in the statement as DW-1 she has been named as Umrao Devi but signed the same as Amrao Devi; in the title of the impugned judgment she has been described as Smt. Amrao Devi. However, the present first appeal has been filed indicating her in the title as Smt. Umrao Devi, however, the Vakalatnama has been signed as Amrao Devi, as such in the body of judgment the appellant No.1 has 2 been indicated as Smt. Amrao Devi and in the title as Smt. Umrao Devi alias Amrao Devi.

3. The facts in brief may be noticed thus : plaintiffs Hulas Mal and Manoj Kumar S/o Hulas Mal filed a suit on 04.02.1977 claiming that the plaintiffs were members of Hindu undivided family; the defendants were also members of Hindu undivided family; in Ward No.6, village Jasol a house along with Bada No.619 was situated, regarding which, boundaries were indicated; the said property belong to the ancestors of plaintiff No.1 and was in his possession; the family tree was indicated to show that the principal person was Jalaji, he had two sons - Suraj Mal and Birdhi Chand, Suraj Mal had two sons Pratap Mal and Ashu Ji, Ashu Ji went in adoption to Bridhi Chand, Pratap Mal had one son - Multan Mal and the plaintiff was adopted by said Multan Mal, Ashu Ji who had went in adoption to Bridhi Chand had a wife Pyari and they died issue-less; it was claimed that before 1956 Ashu Ji and Multan Mal Ji died and plaintiff No.1 was adopted by Multan Mal Ji on 25.10.1952 according to custom and a written adoption deed was prepared and the same was got registered; Ashu Ji had died before Multan Mal Ji and Multan Mal Ji died in the year 1954 and, therefore, the plaintiff No.1 remained the sole owner of the said house along with Bada and the same was in his possession; it was claimed that on 11.12.1954 the plaintiff No.1's mother and widow to Multan Mal Ji - Smt. Pepi filed application under Section 10 of the Guardians and Wards Act along with a list of properties of Multam Mal Ji claiming the plaintiff to be the sole owner and being minor for her appointment as guardian; the suit property was indicated at 3 Item No.2; no objection was filed by anyone and ultimately by judgment and decree dated 30.04.1958 as plaintiff was 17 years of age, the Court finding the plaintiff as capable of looking after the properties left by Multan Mal Ji dismissed the application; it was further claimed that the neighbours from time to time produced maps etc. and on 29.11.1973 Chhagan Lal Kewal Chand etc. sold their land to Dungar Chand Rai Chand, wherein, it was indicated that the suit property was of plaintiff's ownership; on 19.06.1976 Gram Panchayat issued a certificate, based on which, the plaintiff applied for Patta in his name of the house, when for the first time defendant No.1 raised objection, which was rejected on 05.09.1976, which was appealed against by defendant No.1 and stay was granted; the defendants had no right, title or interest in the suit property; however, with an intention to usurp the said property, on 24.10.1976 the doors were broken open and the defendants unauthorizedly occupied the suit property, regarding which, the proceedings were pending; it was further submitted that in the appeal defendant No.2 Smt. Amrao Devi claimed that the suit property belong to Smt. Pyari wife of Ashu Ji; when in fact Ashu Ji had died several years prior to 1956 and Pyari had no right in the said property; Pyari also died on 30.12.1965; ulti