Honble SHARMA, J.–This appeal under Section 96 CPC arises out of the judgment and decree dated 1.6.1984 passed by the learned District Judge, Sawai Madhopur, whereby the learned Judge has decreed the plaintiffs suit.

(2). Plaintiff Ramjani filed a suit against the defendants for declaration and possession on 0.1.1975. On 5.5.1977 the plaintiff filed an application for amendment in the plaint, which, after hearing counsel for the parties, was allowed vide order dated 22.7.1977 and accordingly the plaintiff filed amended plaint on 6.8.1977. The plaintiff claimed himself to be the owner of the property, viz., 3 shops and 3 rooms on the floor on the basis of Patta issued on 15.9.58. He continued to reside in the rooms. Out of 3 shops, he gave center shop to his father Chand Khan for his residence and let out remaining shops to the tenants. It was averred that his mother died when he was 8 years old and after the death of his mother, his father got married to Smt. Bashiran, defendant No.2 and out of this wedlock defendants No.1 and 3 to 7 were born. Feeling aggrieved by the behaviour of his father, due to his step mother, the defendant left his house in 1968 and started living in some ot

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