Chander Bhusan Barowalia, J.

The present regular second appeal is maintained by the appellants (hereinafter called as “the plaintiffs”) against the respondents (hereinafter called as “the defendants”) assailing the impugned judgment and decree dated 11.01.2005, passed by learned District Judge, Mandi, H.P. in Civil Appeal No. 65 of 2003.

2. Briefly stating the facts giving rise to the present appeal are that the plaintiffs are joint owners-in-possession with the defendants of the suit land comprised in Khata No. 190, Khatauni No. 360, Khasras No. 530, 531, 533, 534, 535, 536, 537, 538, 540 and 541, Kitas 10, measuring 8966.0 square meters, situated in Mauja Bari, Tehsil Sundernagar, District Mandi, H.P. A house, having a room in the ground floor and verandah (courtyard) in front of it, which is in possession of the plaintiff, is situated in the suit land, which is denoted by Khasra No. 538/1. As per the plaintiffs, the defendants started raising construction of first floor over and above the room and verandah, which is in possession of the plaintiffs, therefore, the defendants were requested not to raise construction till partition of the property is carried out, but the de