Vinod K.Sharma, J.

1. This is plaintiffs second appeal against the judgments and decrees dated 23.4.2005, passed by the learned Courts below vide which suit filed by the plaintiff/appellant for declaration to the effect, that the plaintiffs and the defendants are owners in possession in equal shares of the property bearing No. 504, Ward No. 16, Gurgaon, as fully detailed and described in para 1 of the plaint; and further that they are entitled to be recorded as such in the ownership column in the Municipal record of the Municipal Committee, Gurgaon, and further claiming a decree for possession by way of partition by metes and bounds of the share of the plaintiffs in respect of the suit property along with actual possession.

2. The plaintiffs filed the suit, referred to above, on the pleadings that Sh. Rao Gajraj Singh, Advocate, Member of Parliament (Lok Sabha) and father of the plaintiffs and defendants, was the owner in possession of the property in dispute.

3. Sh. Rao Gajraj Singh expired on 29.3.1981 intestate, leaving behind the parties to suit and Smt. Sumitra Devi, widow of late Sh. Rao Gajraj Singh and mother of the parties. Smt. Sumitra Devi also died on 6.6.1989,