1. By this common judgment, both the aforesaid appeals are being disposed of together.

2. In these two appeals the judgment and decree dated 1st September, 2003 passed by the learned Additional District Judge (1), Kangra at Dharamshala in Civil Suit No. 199/1995; (RBT No. 4/2002) titled Tikka Brijendra Singh v. Smt. Usha Rani and others is under challenge. Whereas RFA No. 271 of 2003 was filed by defendant No. 1 Ajay Singh (since deceased), RFA No. 310 of 2003 has been filed by the plaintiff Tikka Brijendra Singh. Appellant Ajay Singh in RFA No. 271 of 2003 (who was defendant No. 6 in the Suit) had died during the pendency of the appeal. His legal representatives were brought on record and substituted as appellants vide order passed by this Court on 19th March, 2004 in CMPM No. 179 of 2004.

3. Before I proceed to deal with the issues involved for adjudication in the two appeals, I indicate hereinbelow brief facts leading to the filing of the suit, from out of which these two appeals have arisen and consequently the filing of the appeals by the two appellants.

4. Sole plaintiff Tikka Brijendra Singh had filed the aforesaid Civil Suit originally against three defendants only who