JUDGMENT

Sandeep Sharma, J —Both these appeals are being disposed of by a common judgment as they call for determination of common question of law. Moreover, the identity of the parties in both the appeals is the same.

RSA No.85 of 1996

2. Instant appeal is directed against the judgment and decree passed by learned Additional District Judge, Solan, in Civil Appeal No.11-NS/13 of 93, dated 10.11.1995, affirming the judgment and decree dated 29.8.1992 passed by learned Sub Judge Ist Class, Arki, District Solan, in Civil Suit No.95/1 of 1990, whereby suit for declaration and injunction having been filed by respondents-plaintiffs No.1 to 5 came to be decreed.

3. Certain facts, as emerged from the record, are that the respondents-plaintiffs (hereinafter referred to as the ''plaintiffs'') filed a suit for declaration that the suit land as described in the judgments of both the Courts below, is jointly owned and possessed by the parties and no partition so far has been effected till date and as such appellants-defendants (hereinafter referred to as the ''defendants'') have no right and interest to claim themselves to be the exclusive owners of the property. Plaintiffs further averred that