JUDGMENT :

M.K. Hanjura, J.

1. This judgment shall dispose of a Civil 2nd Appeal filed by the appellants (defendants in the main suit) against the judgment and decree, dated 26th of November, 2012, of the learned District Judge, Leh, whereby, while setting aside the judgment dated 11th of October, 2008, passed by the Court of learned Sub-Judge, Leh, the 1st Appellant Court has decreed the suit filed by the plaintiffs/Respondent Nos. 1 and 2 herein.

2. The background facts of the case, put in a nutshell, are that the plaintiffs/Respondent Nos. 1 and 2 herein filed a suit against the appellants before the Court of learned Sub Judge, Leh, seeking declaration and partition in respect of the land measuring 79 Kanals and 4 Marias covered under Khewat No. 32 as per the annual record of the year 1991 Bikirmi (68 Kanals and 18 Marias under khewat No. 43 and also 9 kanals and 14 Marias under khewat No. 02) as ownership land and land measuring 23 Kanals and 4 Marias comprising of Khewat No. 02, as tenancy land, situate at village Likir, Leh, Ladakh.

3. In the suit, the plaintiffs/Respondent Nos. 1 & 2 herein, pleaded that they are entitled to 1/2 share of the total property in question. They dema