Kuldip Chand Sood, J.—The defendants-appellants having lost before the trial Court and first Appellate Court are in second appeal.

2. This appeal is directed against the judgment and decree of the learned Additional District Judge (I), Kangra at Dharamshala dated 16.10.2001.

3. It appears, one Khazana Ram was the owner in possession of the land measuring 0-82-64 Hectares situate in Mohal Tharu, Mauza Nagrota Bagwan of Tehsil and District Kangra. Khazana Ram died on 13.10.1988. Khazana Ram was survived by his two daughters, namely, Shanta Devi and Sawarna Devi. He had no son and his wife had pre-deceased him. Both the daughters were married and have two sons each. Plaintiffs Sanjay Kumar and Parvesh (minors) are the sons of Shanta Devi.

4. Defendants Sawapan Kumar and Vipan Kumar are the sons of other daughter Sawarna Devi. The minor plaintiffs filed a suit through their mother for declaration that they were joint owners alongwith the defendants Sawapan Kumar and Vipan Kumar in equal shares in view of the Will executed by Khazana Ram on 18.9.1988. It was the case of the plaintiffs that the defendants in disregard to the will executed by Khazana Ram started dislodging the posse