ORDER :

Hirdesh, J.

Appellants/defendants have filed this second appeal being aggrieved by the judgment and decree dated 17-5-2018 passed in regular Civil Appeal No. 7A/2018 by Second Additional District Judge, Alirajpur, whereby the judgment and decree dated 27-1-2017 passed in Civil Suit No. 16-A/2016 by the first Civil Judge, Junior Division, Alirajpur, filed by the respondents for declaration of title and permanent injunction was decreed.

2. The brief facts of the case is that the appellants/defendants filed a civil suit for declaration of title and permanent injunction against the respondents/plaintiffs in respect of agricultural land bearing survey No. 145, raqba 120, survey No. 155, raqba 7.5, survey No. 207, raqba 0.02, survey No. 208, raqba 0.02, survey No. 209, raqba 5.8, survey No. 217, raqba 26.55, total raqba 41.21 hectares new survey No. 2126, 2130, raqba 0.030 hectares, survey No. 2044, raqba 0.910, survey No. 2015, raqba 0.006, survey No. 2048, raqba 0.020 hectare, survey No. 2041, raqba 0.580 hectare, survey No. 1996, raqba 5.700 hectare, total raqba 9.050 hectares (herein after referred to as the suit land recorded in the name of ‘Dhanna’) and Dhanna is the father of Vestibai and Vestibai is the legally wedded wife of Nathu Bhilala and Sekadiya was born out of the wedlock of Nathu and Vestibai. Plaintiffs No. 1 and 2 are the son of Sekadiya and Plaintiff No. 3 is the wife of Sekadiya. After the death of Vestibai, Nathu married to one Sunibai and defendants No. 1 to 5 are the children of Nathu and Sunibai.

3. Counsel for the respondents submits that the respondents/plaintiffs have filed the civil suit before the trial Court with respect to the suit property praying for relief of declaration and permanent injunction and pleaded that the suit property belongs to Vestibai and because of the fact that the respondents are the children of Vestibai and the suit property is inherited by them. After the death of Vestibai, the respondents/plaintiffs are possession holders of the suit property. In the month of August, 2013, the appellants/defendants attempted to dispossess the respondents. Thereafter the respondents/plaintiffs retrieved the revenue record and came to know that the names of the appellants are recorded therein and thereafter they filed the suit for declaration and permanent injunction in respect of the suit land against the defendants/appellants.

4. Counsel for the appellants/defendants submits that the appellants have filed the written statement and denied the averments and pleadings and had submitted in the written statement that Nathu Bhilala is the husband of Vestibai and his father-in-law having no male issue then Dhanna (sic : Nathu) came to his father-in-law village as a ‘Gharjanwai’ and have further pleaded that in the customary law of Tribes Gharjanwai inherited the rights over his father-in-law’s property after the death of Dhanna, Vestibai and Nathu Bhilala inherited the property of Dhanna as the customary law prevailed in the Tribes community and after the death of Nathu, the said suit property was inherited from the appellants in mutual partition with the consent of late Sekadiya and thereafter the suit property came into the share of appellants. They are in possession of the suit property for the last 45 years and that their names are also recorded in the revenue records and hence prays for dismissal of the respondents/plaintiffs suit.

5. The learned trial Court framed the issue and after recording of evidence of both the parties have admitted the respondents/plaintiffs suit of declaration and title and have passed the judgment and decree in their favour. Thereafter the appellants/defendants had preferred an appeal before the first appellate Court and the first appellate Court vide impugned judgment and decree have confirmed the judgment and decree passed by the learned trial Court and hence the present second appeal before this Court.

6. Counsel for the appellants/defendants submitted that the judg