1. In this Civil 2nd Appeal, the appellants have assailed the validity of the judgment and decree dated 31.12.2012 passed by the learned Principal District Judge Kishtwar whereby the appeal filed by the appellants/defendants against the judgment and decree dated 01.10.2003 passed by the learned Sub-Judge (CJM) Kishtwar decreeing the suit of the respondent/plaintiff against the appellants/defendants has been upheld and operative part thereof has been modified and further a fresh second decree has been passed against the appellants with costs.

2. The facts leading to filing of this appeal briefly stated are that the father of appellant No.1 and the respondent herein namely Late Sh. Sham Lal Thakur, since deceased, was originally a resident of Village Joshaana-Saroor Teshil & District Kishtwar, where he had a dwelling house and ancestral landed properties and he had four sons namely Mohan Lal, Munshi Ram, Prehlad Bhagat and Ram Krishan. Besides the ancestral immovable/movable properties including the residential house building situated at Village Joshaana-Saroor belonging to the late father of the appellant No.1 and the respondent herein namely Sh. Sham Lal Thakur, the deceas