JUDGMENT :

Instant Regular Second Appeal, under Section 100 of the Code of Civil Procedure, filed by the appellant-defendant (hereinafter referred to as the ‘defendant’) lays challenge to the judgment and decree dated 28.05.2012 passed by learned District Judge, Mandi, District Mandi, Himachal Pradesh in Civil Appeal No.52 of 2010, reversing the judgment and decree dated 25.05.2010 passed by learned Civil Judge (Senior Division), Sarkaghat, District Mandi, Himachal Pradesh in case No.113 of 2000, whereby suit for declaration with consequential relief of injunction having been filed by the respondents-plaintiffs (hereinafter referred to as the ‘plaintiffs’) was dismissed.

2. For having bird’s eye view, certain undisputed facts, as emerged from the record, are that the plaintiffs filed suit for declaration with consequential relief of injunction against the defendant averring therein that land denoted by Khewat Khatauni No. 213/248, comprising of Khasra No. 907, 970, 984, 985, 986, 1055/991, 1059/992 Kita 7, measuring 0-13-24 hectare is recorded in the ownership and possession of deceased Fithu and the land denoted by Khewat Khatauni No. 214/249, Khasra No. 971, 971/ and 983, Kita 3, m