ORDER :

By way of this second appeal filed under Section 100 of the Code of Civil Procedure, the appellants had challenged the judgment and decree dated 11.3.2011, passed by the Court of learned Civil Judge (Junior Division) Anni, District Kullu (HP) in Civil Suit No. 40-1 of 2003, titled as Prittam Singh Vs. Tabe Ram & Ors., vide which, suit for declaration with consequential relief of injunction filed by the plaintiff, was decreed by the learned Trial Court, as also the judgment and decree dated 25.02.2014, passed by the Court of learned District Judge, Kinnaur, Civil & Sessions Division, Rampur, in Civil Appeal No. 0100008/2011, titled as Tabe Ram & Another Vs. Prittam Singh & Ors., vide which, learned Appellate Court while upholding the judgment and decree passed by the learned Trial Court, dismissed the appeal filed by the present appellants.

2. Brief facts necessary for the adjudication of the present appeal are that Sh. Prittam Singh (hereinafter referred to as the plaintiff) filed a suit for declaration with consequential relief of injunction against the appellants (name of appellant No.2 Smt. Blasso Devi has been ordered to be deleted on account of her death), on the pleadings that Sh. Ram Sahay was owner of the property in Sub Tehsil Anni, District Kullu, HP. He had two wives namely Smt. Blasso Devi and Smt. Aalmu Devi. Plaintiff and defendant No.1 i.e present appellant No.1 Sh. Tabe Ram were his two sons and proforma defendants No.4 to 7 were his daughters. In the year 1991, defendant No.1, manipulated Sh. Ram Sahay and got one Will executed in his favour from Sh. Ram Sahay, in terms whereof, he got some land bequeathed in his favour, which was the prime land. Realizing the fraud played by defendant No.1, Sh. Ram Sahay got his entire holding partitioned between the plaintiff and Sh. Ram Sahay in the presence of respectable persons of the area on 30.05.1993. In terms of the said partition, Sh. Ram Sahay executed a Will on 31.5.1993, which was duly registered and vide this Will, he revoked his earlier Will. In terms of the said Will, plaintiff and defendant No.1, who were earlier living jointly, were separated by their father. The plaintiff and his father lived jointly, whereas defendant No.2 and mother of plaintiff and defendant No.1, lived with the plaintiff till the year 2000. The plaintiff, who was in service, maintained his father as well as his mother and step mother to the best of his ability. After the partition, plaintiff and defendant No.1 cultivated upon their own shares separately. Sh. Ram Sahay for the reasons best known to him, executed another Will on 17.12.1996, vide which he made certain modifications bequeathing land comprised in Khata Khatauni No. 30/91, Khasra No.229 measuring 0.14 Bighas situated in Patwar Circle Gopalpur, Tehsil Karsog, District Mandi, H.P., in favour of defendant No.1 and land comprised in Khata Khatauni No.18/67, Khasra No.230, measuring 7.6 Biswas and Khasra No.227, 231, one half share measuring 1-11-12 Bighas total 1-19 Bighas situated in Patwar Circle Gopalpur, Tehsil Karsog, District Mandi, H.P., in favour of the plaintiff. As per this Will, remaining landed property including the house was bequeathed in favour of the plaintiff as well as defendant No.1 and further Sh. Ram Sahay revoked earlier Will dated 31.5.1993. According to the plaintiff Sh. Ram Sahay was an old man, yet he was maintaining good health till the year 2000, upto when he stayed with the plaintiff. Thereafter, defendant No.1, instigated Sh. Ram Sahay as well as both his wives to live with him. Owing to such instigation, Sh. Ram Sahay stayed with defendant No.1, till his death. According to the plaintiff, Sh. Ram Sahay’s health was fading on account of advance age and he was also getting mentally weak. His memory was feeble and he also lost his eye sight. He was not in a position to distinguish between good and bad. In the month of April 2003, Sh. Ram Sahay got bed ridden and he continued to be so till his dea