Kuldip Singh, Judge. The judgment and decree of affirmation passed by learned District Judge, Mandi, on 11.01.2001 in Civil Appeal No. 61 of 1997 approving judgment, decree dated 03.03.1997 passed by learned Senior Sub Judge, Mandi, in Civil Suit No. 94 of 1990 has been assailed by appellants/plaintiffs in the second appeal.

2. The brief facts of the case are that appellants all sons of Dhan Dev filed a suit for permanent prohibitory and mandatory injunction against Dev their uncle and predecessor-in-interest of respondents. The respondents 3 to 6 were also impleaded as defendants. After the death of Dev, Smt. Jageshwaru his widow and Smt. Kaushalya daughter were also impleaded as parties. Smt. Jageshwaru has also died. The appellants and surviving respondents are cousins.

3. It has been alleged that land measuring 534.72 square metres bearing Kh. Nos. 719, 720, mauza Tarna was owned by State of Himachal Pradesh vide jamabandi 1984-85. Dhan Dev predecessor-in-interest of appellants was shown as ‘kabiz Nazayaz’. The Settlement Officer, Dharamsala, conferred proprietary rights on Dhan Dev of land comprised in Kh. Nos. 719, 720. Dev predecessor-in-interest of respondents fi