This second appeal, preferred under Section 100 of Code of Civil Procedure, 1908, is directed against the judgment and decree dated 07-09-1981, passed by learned District Judge, Chamoli, in Civil Appeal No. 03 of 1980, whereby the said appeal is dismissed and the judgment and decree dated 14-07-1981, passed by the Munsif Karanprayag in O.S. No. 12 of 1979, is affirmed.

2. Heard learned counsel for the parties and perused the papers on record.

3. Brief facts of the case are that the parties to this litigation are residents of Village Sankote, P.O. Nakholi, Pargana Karanprayag, District Chamoli. They are related to each other by the following pedigree:

Madan Jaimi

(after death of Madan his widow married to Jaimi)

Dublu Lachhmu

Kalam Ram Bali Ram Raghubir Lal Balbir Lal Baisakhi

(Defendant No. 1)

(Plaintiff No.1) (Plaintiff No.2) (Plaintiff No.3) (Plaintiff No.4)

As such, Dublu and Lachhmu were uterine brothers. It is pleaded in the plaint that the land of Khata Khatoni No. 98 is the ancestral land of the plaintiffs. Since, Lachhmu also lived as brother with the father of plaintiffs, as such, his name also was later entered over the 13 1/2 -. Nali of land.