JUDGMENT :

RAJIV SHARMA, J.

1. This regular second appeal is directed against the judgment and decree of the learned Addl. District Judge, Solan, H.P., (Camp at Nalagarh), dated 18.2.2005, passed in Civil Appeal No. 11-NL/13 of 2003.

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 possession as co-parceners regarding land measuring 1 bigha being 1/11th share of total land measuring 11 bighas comprised in Khewat/Khatauni No. 20/23, bearing Kh. No. 223, situated in village Theda, Pargana Dharampur, Tehsil Nalagarh, Distt. Solan, H.P. and for permanent prohibitory injunction for restraining the respondents-defendants (hereinafter referred to as the defendants) from raising construction or alienating the same. According to the plaintiffs, coparcenary property was headed by defendant No. 4 Rattan Singh. The suit land was earlier owned by Ganga Ram who died on 1.2.1951, which was inherited by Banarsi Dass. Banarasi Dass died on 4.7.1978 and after his death defendant No. 4 Rattan Singh became Karta of the coparcenary property. The suit land is owned jointly by