ARIJT PASAYAT, J.

( 1 ) SECOND appeal filed by the defendants having been allowed by the learned single Judge of the Allahabad High Court one of the plaintiffs Salekh Chand has filed this appeal. The legal heirs of the another plaintiff om Prakash, who died on 28-2-1998 (pro forma respondent No. 4) have been impleaded in this appeal. Om Prakash's widow Smt. Ram Kumari died on 2-6-1999 and, therefore, their son Munna Lal is pro forma respondent No. 4.

( 2 ) BACKGROUND facts in a nutshell are as follows : a suit filed by the plaintiffs Om Prakash and present appellant Salakh Chand was dismissed by learned Additional Civil Judge, Ghaziabad in Suit No. 699/84. Learned additional District Judge, Ghaziabad reversed the judgment and decree dated 5-3-1990 by judgment and decree dated 22-2-1998. The plaint averments refer to the following facts : om Prakash and Salekh Chand filed suit No. 699 of 1984 against Smt. Satya gupta and one Brijesh Kumar. Shiv Om Banshal and Mahendra Kumar Banshal (Respondent Nos. 2 and 3 in this appeal) were impleaded as defendant Nos. 3 and 4. The plaint allegations were that House No. 104 (old number) with its new numbers 175 and 176 described in the plaint belo