Hemant Gupta, J. - The plaintiffs are in second appeal aggrieved against the order passed by the learned trial Court on 3.1.1978, dismissing the suit as abated and the order in appeal dated 22.1.1980 affirming the said order.

2. The plaintiff-appellants filed a suit for declaration to the effect that they are owners in possession of the land described in the plaint. It is asserted that defendant Nos. 1 to 3 acquired land by inheritance from their father Kesar Singh. The said defendants effected a private family partition and the land described under Item No. A in the head note of the plaint fell into the share of Smt. Dato defendant No. 1. She conveyed her share of land to the plaintiffs vide registered sale deeds dated 2.6.1954 and 1.12.1954. The plaintiffs thus asserted themselves to be owners and in possession of the suit land. It was pointed out that entry into the revenue record even after inheritance continued to be joint. The mutation of the entire land was not sanctioned in favour of the plaintiffs to the extent of 1/3rd share. On the other hand, defendant Nos. 2 and 3 sold the land fallen to their share in the family partition, to various persons. However, during c