KAILASH GAMBHIR, J.

1. By this appeal filed under Section 96 of the Code of Civil Procedure, 1908 the appellants seek to challenge the judgment and decree dated 29.4.2004 passed by the learned trial court in a suit filed by the respondents for partition and declaration which was decreed in favour of the respondents and against the appellants.

2. Brief facts of the case relevant for deciding the present appeal are that Smt. Vidyawanti was the widow of Sh. Brij Lal Sharma who was the owner of the property bearing Quarter no.28/20, Old Rajinder Nagar, New Delhi and after his death vide conveyance deed and lease dated 31.10.67 the said property was mutated in the name of Smt. Vidyawanti. Smt. Vidyawanti died on 5.2.90 and was survived by 4 sons and 1 daughter. The respondent no.1/plaintiff no. 1 is the widow of Sh.Yash Pal Sharma, one of the son?s of Smt. Vidyawanti and plaintiff no.2 and 3/respondent no.2 and 3 are the son and daughter of Sh.Yash Pal Sharma. The appellant no.1 is the widow of defendant no.1 and appellant no.2 is the widow of defendant no.2, appellant no.3 and 4 being the children of appellant no.2. The bone of contention between the parties is that the appella