JUDGMENT :

DEEPAK GUPTA, J.

1. This case has a long and chequered history. The litigation initially started almost 59 years back. The suit property was a three storeyed structure in the town of Almora in Uttarakhand. The first records of this house are from the year 1872 when this property is recorded in the ownership of three brothers namely Pir Bux, Kalia and Subrati. Each brother had 1/3rd share in the property. Pir Bux mortgaged his 1/3rd share in favour of one Ahmadulla Khan for Rs. 50/- in the year 1872. One of the brothers, Subrati died issueless and his share of the property devolved upon his two brothers Pir Bux and Kalia, who got an additional 1/6th share each making them owners of half share each in the property. On the death of Kalia, his share was succeeded by his son Ilahi Bux and on the death of Ilahi Bux his widow Smt. Hafizan succeeded to his share of the property. She sold her entire share of the property i.e. 50% to one Lalta Prasad Tamta, predecessor in interest of the present appellant.

2. Half of Subrati’s property i.e. 1/6th of the total which had fallen to the share of Pir Bux from Subrati was inherited by his son Gulam Farid who in turn sold this property to L