N.M. KASLIWAL, J. — This is a civil second appeal by the plaintiffs against the judgment and decree passed by the learned Additional District Judge No. 3, Jaipur City, Jaipur, dated 2,8.1972 confirming the judgment and decree passed by the learned Civil Judge, Tonk dated 10 8.67 dismissing the suit for declaration and possession.

2. Brief facts leading to this appeal are that the plaintiffs-appellants (minors) filed a suit through their guardian Mathura Lal on 22.10.67 with the allegations that their father Nand Singh died four years ago at village Phuleta, Tehsil Aligarh. The plaintiffs were minor at that time and after the death of Nand Singh had acquired khatedari rights in the agricultural land left by Nand Singh and were heirs of other properties left by Nand Singh Initially the suit was filed against Anand Singh and Mst. Chhatra Kanwar widow of Nand Singh, but subsequently, Mst. Phool Kanwar daughter of Nand Singh was also added as defendant No. 3 by the order of the court dated 10.9.64. It was alleged that there was agricultural land in the khatedari of Nand Singh in village Phuleta. The defendant Anand Singh and Mst. Chhatra Kanwar in collusion got the agricultural land ment

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