ORDER

1. This second appeal under section 100 of CPC has been filed against the judgment and decree dated 9.8.2011 passed by 1 st Additional District Judge, Guna in Civil Appeal No. 26A/2010, thereby affirming the judgment and decree dated 31.8.2010 passed by 1 st Civil Judge Class 1, Guna in Civil Suit No. 26A/2008.

2. The necessary facts for the disposal of the present appeal in short are that the plaintiffs/respondents No. 1 to 4 had filed a civil suit for declaration of title and permanent injunction on the ground that the plaintiffs No.1 and 2 are real brothers, whereas plaintiff No. 3 is their sister and Rambaran Singh is also their brother (Initially, Rambaran Singh had not filed the suit, but it appears that later on by order dated 13.3.2009, passed by the Trial Court, Rambaran Singh was impleaded as plaintiff). The plaintiff No.2 and 4 were working in Military whereas the husband of plaintiff No.3 was also in Military. It was pleaded that the plaintiff No.1 was looking after the lands of plaintiffs No. 2 to 4 and all the defendants are trying to take forcible possession of the lands.

3. It was pleaded that the plaintiffs are the owner and in possession of agricultural land