Arun Kumar Goel, J.—This appellants appeal (hereinafter referred to as the plaintiff) is directed against the judgment and decree passed by Additional District Judge (1), Shimla in Civil Appeal No. 24 S/13 of 1988/ 86. whereby the appeal of the respondents (hereinafter referred to as the defendants), has been allowed and consequently the judgment and decree passed by Sub-Judge 1st Class, Theog in Civil Suit No. 137/1 of 1981, has been reversed and resulting in the suit of the plaintiff being dismissed,

2. Brief facts giving rise to this appeal are that the plaintiff filed a suit for recovery of Rs 20,000 on the allegations that Daulat Ram and Chet Ram, who were arrayed as defendants No, 2 and 3 being real brothers,, were proprietors of defendant No,. 1 M/s, Daulat Ram and Brothers and these defendants were dealing in the sale and purchase of timber and trees. Plaintiff was a sole proprietary concern of Chanan Singh, who died during the pendency of the appeal and his legal representatives were brought on record vide orders of this Court dated 18 6 1986. According to plaintiff Chanan Singh had purchased standing Deodar and Kail trees from number of persons and he had paid mone