Virender Singh, J.

1. Unsuccessful plaintiffs have preferred the present Regular Second Appeal, under Section 100 of the Code of Civil Procedure, against the judgment and decree, dated 7.12.2005, passed by the Court of learned Additional District Judge-I, Kangra at Dharamshala (hereinafter referred to as ‘the First Appellate Court’), in Civil Appeal No. 90-D/03, titled as, ‘Pushpinder Kumar & others versus Prem Chand & others.’

2. Vide judgment and decree, dated 7.12.2005, the learned First Appellate Court has dismissed the appeal, preferred by the appellants/plaintiffs, against the judgment and decree, dated 28.5.2003 passed by the Court of learned Sub Judge, 1st Class (I), Dehra, District Kangra, H.P. (hereinafter referred to as ‘the learned trial Court’), in Civil Suit No. 112 of 1995, titled as, ‘Pushpinder Kumar & others versus Prem Chand and others’, whereby, the learned trial Court has dismissed the above titled suit.

3. As stated above, the aforesaid appeal was filed against the judgment and decree, dated 28.5.2003, passed by the learned trial Court in Civil Suit No. 112 of 1995. The learned trial Court, while dismissing the suit, has observed as follows:

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