Rajiv Sharma, Judge.

This Regular Second Appeal is directed against the judgment and decree dated 28.11.2002 rendered by the learned District Judge, Shimla in Civil Appeal No.77-S/13 of 2000.

2. Essential facts necessary for the adjudication of this Regular Second Appeal are that appellants-plaintiffs (hereinafter referred to as ‘plaintiffs’ for convenience sake) filed a suit against the respondent-defendant (hereinafter referred to as the ‘defendant’ for convenience sake). According to the plaintiffs, Ram Saran was the common ancestor of the parties to suit, who was succeeded in equal shares by two sons, namely Sant Ram defendant No.1, Nikka Ram plaintiff No.1 and four daughters, namely, Shonku Devi, Mathu Devi, Kaushalya Devi and Batu Devi. It was averred that Basti Ram, another son of Ram Saran died before the death of his father. According to the plaintiff, after the death of Ram Saran and his widow Sarju, plaintiffs and defendant No.1 succeeded to the suit property in equal share. Defendant filed an application for partition of the land situated in Mauza Bhad in the year 1986 claiming that he had half share in the suit land and the defendant intentionally in collusion