Chander Bhusan Barowalia, J.

The present regular second appeal has been maintained by the appellants, who are legal representatives of Shri Dhani Ram (since dead), the original plaintiff, (hereinafter referred to as “the plaintiffs”), laying challenge to the judgment and decree, dated 10.05.2007, passed by the learned Additional District Judge, Shimla, District Shimla, H.P., in Civil Appeal No. 1-S/13 of 2004, whereby the appeal filed by the plaintiffs against the judgment and decree, dated 21.04.2004, passed by the learned Civil Judge (Junior Division), Court No. 1, Shimla, H.P., in Civil Suit No. 107/1 of 2002, dismissing the suit of the original plaintiff, Shri Dhani Ram, was partly allowed.

2. The key facts of the case can tersely be summarized as under:

The original plaintiff maintained a suit seeking declaration with consequential relief of permanent prohibitory injunction against the respondent/defendant (hereinafter referred to as “the defendant”) qua land comprising in Khata No. 60, Khatauni No. 135, Kitta 5, measuring 1-20-76 hectares, situated in Mauja Jaisi, Pargana Saraj, Tehsil Suni, District Shimla, as depicted in jamabandi for the year 1996-97 and the land co