Justice Sanjay Karol, J.

Sh. Jeet Singh owned certain agricultural land in Revenue Estate Shimla. After his death Sh. Jai Singh, his only son inherited the same. Sh. Jai Singh was married to Smt. Mohini Devi and through their wed lock, three children, namely sons Sh. Krishan Singh and Sh. Narender Singh and daughter Ms. Mauli Devi were born. Allegedly during his life time Sh. Jai Singh partitioned his properties between his sons Sh. Krishan Singh and Sh. Narender Singh, excluding both Smt. Mohini Devi and Smt. Mauli Devi from their right of inheritance. The suit properties situated in village Patiog, by virtue of this alleged partition dated 20.6.1971, fell to the share of his youngest son Sh. Narender Singh, who incidentally had to manage certain immovable properties of his in-laws and as such stayed with his family at a different village, Rahi, which is slightly far off from Patiog. Sh. Jai Singh expired on 30.6.1977. Over the agricultural land in village Patiog, a residential house of four rooms was constructed. Sh. Narender Singh permitted his mother Smt. Mohini Devi to reside in the said house. She in turn inducted Sh. Uma Datt as a tenant in one of the rooms of the sa