Tarlok Singh Chauhan J.

This Regular Second Appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 16.7.2005, passed by learned District Judge, Shimla H.P. in Civil Appeal No. 109/S/13 of 2002, whereby the judgment and decree dated 12.9.2002, passed by learned Sub Judge, Court No. 4, Shimla in Civil Suit No. 413/1 of 1996/94 was affirmed.

2. The brief facts leading to filing of the present appeal are that the plaintiffs (herein after referred to as the respondents) filed a suit for declaration against the defendants (herein after referred to as the appellants) to the effect that they are owners of the properties left behind by late Sh. Hira Lal alias Har Lal, son of Sh. Dharam Dass, Residents of Village Okhru in equal shares, being his son and widow, respectively. It was averred that at the time of death deceased had share in Khata Khatuni No. 2/3, 3/3, 4/4, 5 of village Okhru and Khata Khatuni No. 3/4, 4/5 to 6, 7/9, 8/10 of village Jania, as per jamabandi for the year 1984-85. In the alternative it was submitted that if respondent No. 2 is not found entitled to the share left behind by deceased (Hira Lal), then respondent