JUDGMENT

K. Ramaswamy, J.

1. The appellants/defendants appeal by special leave arises against the judgment and decree of the Punjab & Haryana High Court in Regular Second Appeal No. 1822 of 1973 dated Sept. 21, 1982. The respondents filed a suit for declaration of title to and for possession of 53 kanals 12 marlas from the appellants. The trial court in File No. 40 dismissed the suit. The Addl. District Judge, Barnala reversed the decree of the trial court and decreed the suit in Civil Appeal No. 121 of 1965 by judgment and decree dated November 28, 1973. The High Court confirmed the appellate decree. One Wazira Singh died surviving three sons Sukhi, Surjan and Sarwan through his first wife, Mahla Singh son and Parsinni and Chinta two minor daughters through his second wife. Wazira had died on 5.11.1984 B.K. Parsinni is the 1st defendant and Chinto died leaving behind her children defendant Nos. 2 to 5. From the evidence it would be clear that, after the death of Wazira, there was a division of the properties by metes and bounds and 53 kanals 12 marlas were left in the possession of Prasinni and Chinto for their enjoyment. The Mutation No. 1722 Ex. P-8 on 10.2.85 B.K. discloses that