JUDGMENT :

1. Suit filed by respondents No. 2 to 4 for declaration with consequential relief of permanent prohibitory injunction was dismissed by the learned trial Court. The appeal filed by respondents No. 2 to 4 was allowed and their suit was decreed by the learned first appellate Court. This appeal under Section 100 of the Code of Civil Procedure (in short CPC) is by the legal representatives of original defendant No. 1 Milkhi Ram.

2. Facts

2(i) Contesting parties to the suit are related to each other and have common ancestor. For better understanding of facts, following pedigree table of parties has been drawn :-

Bangali Tirhu

Jagdish Chand Milkhi Ram Suhali Devi Samphal

Piar Chand Karam Chand Ravi Chand Raj Kumar Rajinder Kumar Parveen Kumar Satya Devi

Plaintiffs Contesting Defendants

2(ii) Plaint

2(ii)(a) Plaintiffs (present respondents No. 2 to 4) in their plaint filed on 10.10.1995 pleaded that suit land measuring 15 kanal 6 marlas (15K-6M) was entered in the jamabandi for the year 1992-93 in the ownership and possession of Samphal (defendant No.2) and other co-sharers. Defendant No. 2 had not been heard for last more than 40 years, hence presumed dead. Plaintiffs’ father Jagdish C