( 1 ) THIS is defendants' 2nd appeal arising out of a suit for possession of certain parcel of agricultural land situated at village Rasawa, Tehsil Kuk-shi. The plaintiffs' case in brief was that the suit land had fallen to the share of the plaintiffs in a partition effected between them and the other members of their joint family that the suit filed by the defendants for declaration of their rights in the suit land as occupancy tenants was dismissed and that the dismissal of the suit was upheld by the High Court in Civil Second Appeal No. 262 of 1967 decided on 22-9-1970. The plaintiffs. therefore contended that the defendants were in illegal possession of the suit land and they therefore claimed possession of the suit land from the defendants. The suit was resisted by the defendants inter alia on the ground that the suit was bad for non-joinder of necessary parties. It was contended by the defendants that other co-sharers who were recorded as 'bhumiswamis' of the suit land were not made parties to the suit and hence the suit deserved to be dismissed for nonjoinder of necessary parties. Based on this plea a preliminary issue was framed. The trial court held that t