ORDER

Leave granted.

We have heard learned counsel on both sides.

2. This appeal, by special leave, arises from the judgment and order of the Punjab and Haryana High Court, made on December 78, 1995 in RSA No. 2617/95.

3. The appellants had filed Suit No. 8 of 9.2.1978 against Arjan Singh, son of Badan Singh in the Court of Sub-Judge, III Class, Patiala for declaration that the plaintiffs in that suit were owners and were in possession from 1968 to the extent of 5/6th share, along with the defendant, of agricultural land admeasuring 74 kanals 12 marlas comprised in Khewat Khata Nos. 5/5 Khasra Nos. 68/1(7-10) etc. situated in village Ghagga, Tehsil Samana, District Patiala. Arjan Singh had admitted in his pleadings that the property was ancestral Hindu Joint Family and suffered a decree. The present suit came to be filed by Gamdoor Singh, the respondent in this case for a declaration that the decree therein was collusive decree and did not bind him. The trial Court granted the decree. On appeal it was confirmed and Second Appeal was dismissed. Thus this appeal by Special Leave.

4. It is contended by Shri Ujjagar Singh, learned senior counsel for the appellants, that unless the responden