JUDGMENT :

RAJIV SHARMA, J.

1. This regular second appeal is directed against the judgment and decree of the learned Addl. District Judge, Solan (FTC), H.P., (Camp at Nalagarh), dated 23.11.2007, passed in Civil Appeal No. 4 FTN/13 of 2007.

2. “Key facts” necessary for the adjudication of this regular second appeal are that the appellants-plaintiffs (hereinafter referred to as the plaintiffs), have instituted suit for permanent prohibitory injunction against the respondents-defendants (hereinafter referred to as the defendants). According to the averments made in the plaint, the land measuring 3 bighas 10 biswas being 70/220 share out of total land measuring 11 bighas presently comprised in Khewat Khatauni No. 20/23, bearing Kh. No. 223, Kita 1, as entered in the copy of Jamabandi for the year 1995-96 is situated in village Theda, Pargana Dharampur, Tehsil Nalagarh, Distt. Solan, H.P. (hereinafter referred to as the suit land). The plaintiffs and defendant No. 2 are Hindu Rajput and constitute joint Hindu Mitakshra Coparcenary Family. The pedigree table was also reproduced in the plaint. The property was previously owned by the common ancestor Ganga Ram. He died on 1.2.1951 and suit l