Chander Bhusan Barowalia, J.

By way of the present appeal, the appellants have laid challenge to the judgment, passed by the learned District Judge, Kinnaur, Civil Division at Rampur Bushahr, H.P., in Civil Appeal No. 08 of 2003, dated 23.08.2003, vide which the learned Lower Appellate Court has partly set aside the judgment and decree, dated 31.12.2002, passed by the then learned Sub Judge 1st Class, Anni, District Kullu, H.P. in Case No. 13-1 of 1998.

2. Material facts, necessary for adjudication of this Regular Second Appeal, are that respondents No. 1 & 2/plaintiffs (hereinafter referred to as ‘plaintiffs’) maintained a suit against the appellants/defendants (hereinafter referred to as ‘defendants’), seeking declaration to the effect that gift deed executed by Shri Bhagwan Dass, in favour of defendants No. 2 & 3, through his Power of Attorney, on 18.11.1997 at Ani, is illegal, null and void and in-operative, qua the rights of plaintiffs and proforma defendants with consequential relief of injunction. The plaintiffs have alleged that Finu was the common ancestor an