( 1 ) R. S. A. 177/2003 is directed against the judgment and order of the Additional District Judge dated 14. 7. 2003 in R. C. A. 6/2003 whereby the learned Judge has allowed the appeal and set aside the judgment and decree of the trial court while directing the appellant herein to hand over vacant and peaceful possession of the suit premises shown in red in the site plan, Ex. PW-1/1.

( 2 ) THE facts of the case, as noted by the First Appellate Court, are as under :

"the respondent No. 1 herein married two wives, namely, Smt. Dhani Devi and Smt. Dhapa Devi @ Smt. Dhaba Devi. The respondent No. 1 s first wife, Dhani Devi, expired in 1967 and after her death the respondent No. 1 married second wife, Smt. Dhapa Devi on 14. 2. 1969. She died on 16. 11. 1993. Prior to her death she had purchased the suit property in her name in 1978. The appellant is respondent No. 1 s son from his first wife Dhani Devi. He got married in the year 1982-83. Prior to his marriage he had a joint mass with the respondent No. 1 and his second wife Dhapa Devi. Subsequent to appellant s marriage, disputes cropped up between his wife and the deceased, Dhapa Devi, and on account of temperamental incomp