Vijayendra Nath, J.

Heard Mr. S.K. Verma, the learned senior counsel appearing on behalf of the appellants and Mr. S.S. Dwivedi, the learned senior counsel appearing on behalf of respondent no.1.

2. This appeal has been filed against the JUDGMENT : and decree dated 04.06.1988 passed by Additional District & Sessions Judge, Patna at Barh in T.A. No. 82/86 affirming the JUDGMENT : and decree dated 21.04.1986 passed by Additional Sub Judge II, Barh in T.S. No. 17/80 by which the suit has been decreed.

3. The plaintiff has filed the suit for declaration of title over the suit properties and for grant of injunction against the defendants from interfering in possession of the plaintiff. The background facts, culled out from the rival cases of the parties, are as follows:

The suit property including the house therein, admittedly belonged to the father of the plaintiff and consists of an area of 5 katha, 1 dhur, 8 dhurki of plot nos.120 & 122. The plaintiffs case is that his father was a doctor having good private practice besides being a Railway doctor and he acquired the suit land and constructed a house over the same. The plaintiff lived in the said house with his father and s