1. This second appeal by the defendants under section 100 of the Code of Civil Procedure is essentially against the judgment and decree dated 30.7.2005 passed in Regular Civil Appeal No.142-A/2004 of the Court of II Additional District Judge, Rewa arising out of judgment and decree dated 29.10.2004 passed in Civil Suit No.122-A/2004 by the Civil Judge, Class II, Teonthar, district Rewa.

2. The respondents/plaintiffs approached the Civil Court by filing a suit seeking declaration of their title and permanent injunction against the appellants/defendants. It was contended that the land in suit belonged to the respondents/plaintiffs and they have a share to the extent indicated in the plaint. It was contended in the suit that the appellants/defendants had no right over the said property, but they have tried to dispossess the respondents/plaintiffs by making illegal encroachment on the land. The suit was contested by the appellants and in fact a counter claim was filed stating that at no point of time any Will was executed in favour of the respondents/plaintiffs. It was contended that in fact the Will was never set out and, therefore, the respondents were not entitled to any reli