Sureshwar Thakur, J.

The instant appeal stands directed against the impugned judgment and decree of the learned District Judge (Forest), Shimla, Himachal Pradesh, whereby he affirmed the rendition of the learned Sub Judge 1st Class, Theog, District Shimla, whereby the suit of the plaintiffs stood dismissed. The plaintiffs standing aggrieved by the concurrently recorded renditions against them by both the learned Courts below, concert through the instant appeal to seek reversal of the concurrently recorded judgments and decrees of both the Courts below.

2. The facts necessary for rendering a decision in the instant appeal are that one Teju was owner in possession of the land comprised in Khasra No. 296/264 measuring 3-05 bighas situated in Chak Shilla Gadol Tehsil Theog, District Shimla. He represented the plaintiffs that suit land is free from all encumbrances and he wanted to exchange it with the land of the plaintiffs alongwith water mill at Chak Mahori Tehsil Theog and at that time he wanted the plaintiffs to get the water mill repaired. The plaintiffs accepted his offer and exchange took place, which later on was attested vide mutation No.156. After the said exchange th