JUDGMENT :

SANDEEP SHARMA, J.

1. By way of instant appeal filed under Section 100 of CPC, challenge has been laid to judgment and decree dated 13.4.2017, passed by Additional District Judge-1, Shimla (camp at Rohru), District Shimla, H.P. in Civil Appeal No. 8-R/13 of 2016, affirming the judgment and decree dated 23.9.2014, passed by learned Civil Judge (Junior Division) Jubbal, District Shimla, H.P. in Civil Suit No. 20-I of 2018, titled Sh. Krishan Kumar versus Smt. Kalawati and Another, whereby suit for declaration and injunction having been filed by the appellants-plaintiffs( hereinafter referred to as the plaintiffs), came to be dismissed on the ground of maintainability as well as on the point that the plaintiffs have failed to prove their adverse possession.

2. Precisely, the facts of the case as emerge from the record are that the plaintiffs filed a suit for declaration and injunction against the respondents-defendants (hereinafter referred to as the defendants) in respect of land comprised in Khata No. 46/45, Khatauni No. 65, Khasra Nos. 12, 13 and 14, area measuring 00-93-96 hectares, situate at Chak Kharapathar, Tehsil Jubbal, District Shimla, H.P. as per jamabandi for the