Honble YADAV, J. — This second appeal has been filed under Section 100 CPC by defendant-appellants against the judgment and decree dated 30.6.1980 passed by learned District Judge, Bhilwara in Civil Appeal No. 91 of 1977 confirming the judgment and decree dated 22.10.1977 passed by the learned Civil Judge,Bhilwara in Original Civil Suit No. 34 of 1971- Bhilwara & another v/s Khema & Others.

(2). It is pertinent to mention that the learned District Judge, Bhilwara by his impugned judgment and decree had allowed the cross objections filed by plaintiff-respondent Bhagwana and his mother Nani under Order 41 Rule 22 CPC modifying the decree passed by the learned Civil Judge decreeing the restoration of the possession by ejecting the defendant-appellants No. 1 to 3 and defendant-respondent No.4.

(3). Civil Suit was filed by Shri Bhagwana and his mother Smt. Nani plaintiff-respondents No.l arid 2 on the ground inter-alia that the land in dispute is an ancestral property and they are members of the joint Hindu family and they are governed by Mitakshara Scheol of Hindu Law. According to the plaint allegation, plaintiff No;l Bhagwana is a. minor coparcener while his mother plaintiff No. 2 Nani

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