1. This second appeal is by the defendants who have lost in both the Courts below. They have preferred this appeal aggrieved by the impugned judgment of the two Courts below declaring respondents No. 2 and 3 owner of one fourth undivided share each in the suit property comprising of total area of 9.615 hectares forming part of several survey numbers in village Ghousa, Tahsil Kurwai, District Vidisha. The Courts below vide the impugned judgment and decree have also directed the revenue authorities to delete the names of the appellants from the khasra entries and in its place substitute the names of respondents No. 2 and 3 as owner in respect of half undivided share in the suit property.

2. This appeal was admitted for final hearing by this Court vide its order dated 29th October, 2005 on the following substantial question of law:-

“Whether the mere suit for declaration filed by the respondent plaintiff is maintainable without consequential relief in view of section 34 of the Specific Relief Act?”

3. Briefly stated the facts of the case giving rise to this second appeal are that the respondents No. 2 and 3 along with their late mother Kasturi Bai had filed a civil suit for