ANIL KSHETARPAL, J.

1. Defendants-appellants are in the regular second appeal against the judgment passed by the learned first appellate court.

2. It is not disputed that the defendants-appellants Bhim Singh (proforma respondent herein) and Bhup Singh (appellant herein) had previously filed a suit in which they had pleaded as under:-

"That defendant has got three sons namely the plaintiffs and Raj Singh. Due to family quarrel and everyday altercation between the sons and their mother, the defendant finally made a family settlement and the house in dispute mentioned in para no.1 above was given to the plaintiffs and the defendant along with Raj Singh his second son kept the property situated at village Bisan Bhutyan Tehsil Jhajjar jointly."

On careful reading of the plaint, it is crystal clear that there was a dispute in the family and in order to settle, a family settlement was arrived at wherein house mentioned in paragraph 1 of the plaint, had fell to the share of the plaintiff (appellants herein) and property situated at villages Bisan and Bhutyan, Tehsil Jhajjar had fallen to the share of Balwant Singh and Raj Singh. Plaintiff filed a suit for declaration that they are ow