JUDGMENT :

Chander Bhusan Barowalia, J.

The present regular second appeal is maintained by the appellants/defendants (hereinafter referred to as ?the defendants?) laying challenge to the judgment and decree passed by the learned Additional District Judge, Mandi, in Civil Appeal No. 40 of 2002, dated 29.06.2004, whereby the learned District Judge, Mandi, has partly modified the judgment and decree, dated 31.12.2001, passed by learned Sub Judge 1st Class, Karsog, District Mandi, H.P., in Civil Suit No. 60-1 of 1994.

2. Brief facts giving rise to the present appeal are that the plaintiffs/respondents (hereinafter referred to as ?the plaintiffs?) filed a suit for declaration against the defendants. As per the plaintiffs, land comprised in Khatta No. 4, Khatauni No. 4, 5 to 7, Kita 54, measuring 63- 12-2 bighas, situate at Village Shoungi, Illaqua Janubi Pargna, Tehsil Karsog, District Mandi, H.P. is recorded in joint ownership of the parties and the same has been wrongly recorded so. The land stands partitioned, in a family partition prior to 1940. It is further contended that as per the private partition, the land, as entered against Khewat Khatauni No. 4/4, Kitta-2, measuring 0-1-16 big