R.L. Anand, J. - Unsuccessful plaintiffs, namely Mohinder Singh and Bikram Singh, earlier filed the present regular second appeal and it was directed against the judgment and decree dated 16th March, 1992 passed by Shri T.N. Gupta, District Judge, Hoshiarpur, who accepted the appeal of some of the defendants-appellants Nos. 1 to 14 mentioned in Civil Appeal No. 104 of 1989 itself and the learned District Judge set aside the judgment and decree of the trial Court dated 7.11.1989 by which the suit of the plaintiffs- appellants namely, Mohinder Singh and Bikarm Singh for declaration was decreed.

2. It may be mentioned here at the first instance that during the pendency of the present appeal Bikram Singh plaintiff died. The cause of action survived to the co-plaintiff Mohinder Singh and vide order of this Court dated 8th March, 1996 passed in C.M. No. 1021-C of 1996 under Order 22 Rule 2, C.P.C., Mohinder Singh surviving plaintiff was allowed to continue with the appeal. Even otherwise, with the death of Bikarm Singh the suit was not going to abate, as it would be evident from the facts of the suit itself.

3. Mohinder Singh and Bikram Singh filed a suit for declaration against