1. The instant second appeal under Section 100 of the Code of Civil Procedure has been preferred by the appellant/defendant No.1, against whom the plaintiff/respondent No.1 had instituted a suit for permanent injunction and possession. The suit was dismissed by the trial Court, however, the first appellate Court has allowed the appeal filed by the plaintiff under Section 96 of the Code of Civil Procedure and while setting aside the judgment and decree passed by the trial Court, it has decreed the plaintiff's suit by the impugned judgment and decree dated 29-4-2008. At the time of filing of the suit on 14-8-2003, the plaintiff father was 72 years of age, thus, at present, he is aged about 79 years. Defendant No.1/ appellant is the son of the plaintiff/respondent No.1. The plaintiff/ 'respondent No.1 shall hereinafter be referred as 'the father' and defendant No.1/appellant shall hereinafter be referred as 'the son'.

2. The father instituted the present suit against the son on the pleadings that he was working in the Bhilai Steel Plant and has purchased the suit house bearing No.MIG-2/210 situated at Hudco, Shahid Koushal Nagar, Bhilai Nagar, Tahsil and District Durg in the year