ORDER

Leave granted.

2. This appeal by special leave arises from the judgment and order dated July 3, 1995 passed by the High Court of Madhya Pradesh Bench at Gwalior in S.A. No. 182/89.

3. The admitted facts are that Mansaram had two sons by name, Babulal and Parasram. The appellants are the descendants through Babulal and the respondents are descendants through Parasram. In an earlier suit No. 384-A/64, the respondents pleaded in their plaint that Mansaram, Babulal and Parasram were members of the joint family and, therefore, each of them was entitled to 1/3rd share in the suit property. They sought for partition and a decree for partition by meets and bounds to the extent of their 1/3rd share in the said house.

It was held that Mansaram was the exclusive owner of the property and that it was not a joint family property and that the respondents have no right to partition of the said property. The decree has become final. Mansaram, during his life time, had executed a registered Will on March 28, 1964 bequeathing the properties to the appellants and Mansaram died on December 12, 1968. The appellants filed the suit on November 14, 1977 for declaration of title and for possession thereo