JUDGMENT :

The instant regular second appeal has been maintained by the appellants, who were plaintiffs before the learned Court below (hereinafter to be called as “the plaintiffs”), laying challenge to the judgment and decree, dated 15.09.2018, passed by learned Additional District Judge, Mandi, District Mandi, H.P., camp at Karsog, in Civil Appeal No. 39 of 2017, whereby the judgment and decree, dated 22.05.2017, passed by learned Civil Judge, Karsog, District Mandi, H.P., in Civil Suit No. 69 of 2012, was affirmed, wherein suit of the plaintiffs was dismissed.

2. Briefly the facts, which are necessary for determination and adjudication of the present appeal, are that on 23.12.2003, the plaintiffs and defendant, Janku (since deceased) have executed a written compromise qua “Taksim Khangi” to the effect that defendant is first party to the composition deed, who had filed an application for partition of the joint land against the plaintiffs and others situated in muhal Banthal, Tehsil Karsog, District Mandi, H.P., before AC 1st Grade, Karsog, District Mandi, H.P., qua the suit land and some other land, which application was decided in favour of the defendant. The share of the defenda