JUDGMENT :

ASHOK BHUSHAN, J.

This is a defendant’s appeal challenging the judgment of the High Court of Punjab & Haryana dismissing the Regular Second Appeal No. 3472 of 2004 of the appellants. The plaintiffs-respondents suit for declaration was dismissed by the trial court which decree was reversed by First Appellate Court decreeing the suit. The High Court affirmed the decree of First Appellate Court.

2. The brief facts of the case giving rise to this appeal are:-

2.1 One Bhajan Singh was owner of suit land situated in Village Siraj Majra, Tehsil Amloh, District Fatehgarh Sahib. Bhajan Singh was married with Gurmail Kaur. Two daughters (namely Angrez Kaur and Paramjit Kaur) were born to Bhajan Singh with Gurmail Kaur. Between Bhajan Singh and Gurmail Kaur, a divorce in writing was entered on 15.09.1973 whereafter Gurmail Kaur started residing with one Maghar Singh, the brother of Bhajan Singh in village Jalowal. Gurmail Kaur also took alongwith her both the daughters who were minors at that time to Village Jalowal where they all resided with Maghar Singh.

2.2 Bhajan Singh resided in Village Siraj Majra with Gurcharan Singh, Gurnam Singh and Kulwant Singh, the appellants, who looked