1. This appeal under section 100 CPC by defendants/State is directed against the confirming judgment and decree dated 6.12.2008 passed in Civil Appeal No.2-A/2007 by Additional District Judge, Pichhore District Shivpuri by which affirmed the judgment and decree dated 21.2.2005 passed in Civil Suit No.118/2003 by Civil Judge, Class-II, Khaniyadana, District Shivpuri. Plaintiffs/respondents suit for declaration and permanent injunction has been decreed.

2. Facts necessary for disposal of this appeal are to the effect that the plaintiffs have filed a suit inter alia contending that the suit land; agricultural land falling in survey Nos. 6 area 3.35 hectare, 27 area 0.15 hectare, 28 area 0.14 hectare, 53 area 0.44 hectare, 57 area 1.26 hectare, 75 area 1.77 hectare, 81 area 3.12 hectare, total area 10.23 hectare situated in village Bhudera, Tahsil Khaniyadana, District Shivpuri (for short, 'the suit land') is ancestral property and plaintiffs are in possession thereof and doing cultivation and harvesting crops. As defendants No.1 to 3 intend to take forcible possession p