JUDGMENT :

Tarlok Singh Chauhan, J.

1. The Plaintiffs are the appellants, who after having lost before both the Courts below, have filed the instant Regular Second Appeal. (Parties hereinafter shall be referred to as the 'Plaintiffs' and 'defendants').

2. The plaintiffs instituted a suit for declaration, injunction and in alternative for possession against the defendants before the learned Trial Court on the ground that the sale deeds dated 07.07.1995 and 28.12.1995 in favour of defendant No. 1, Smt. Kamla Devi are wrong, null and void and the defendant Nos. 1 and 2 be restrained from encroaching upon the land comprised in Khewat/Khatauni No. 179/272 Khasra No. 926 and 927 measuring 345.95 sq. meters, situated in Muhal Tarna, Mandi town, Tehsil Sadar, District Mandi, H.P. (hereinafter referred to as the 'suit land').

3. The case of the plaintiffs as pleaded before the lower court is that Amar Chand had previously instituted Civil Suit No. 14 of 1990 for declaration against Girja Nand, Dhananjai and Smt. Titli Devi to the effect that the suit land was jointly owned and possessed by the parties. Said Civil Suit No. 14 of 1990 was dismissed on 13.12.1991 and it was held that Girja Nand ha