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 deceased father had also self acquired various lands at Kishtwar including a piece of land comprising of Khasra No.522 situated at Village Hidyal-Kishtwar wherein he had also constructed a residential house building with vacant land. It is further contended that in the year 1968, the deceased father of the appellant and the grandfather of appellant Nos.2 to 4 (sons of the appellant herein) during his life time orally partitioned his entire landed properties situated at Kishtwar as well as at Joshaana Saroor and adjoining places amongst his all the four sons in the ration of 1/4th share each, who are since then in possession, use and occupation of their respective shares. However, insofar as the two residential houses, one situated at Hidyal-Kishtwar and the other one situated at village Joshaana-Saroor (Kishtwar) were concerned, the same fell into the exclusive shares of appellant No.1 and the respondent herein. Insofar as other two sons, namely Prahlad Bhagat and Ram Krishan, were concerned, they were given one plot each in the land comprising of Khasra no.522 at village Hidyal-Kishtwar i.e., adjacent to the aforesaid residential house of the appellant, who subsequent to the said oral partition effected in the year 1968, themselves constructed their own houses over the said plots and are residing therein since then. It is reiterated here that all the four brothers got equal shares of 1/4th each in all the lands situated at both places i.e village Joshaana-Saroor as well as at Hidyal-Kishtwar excepting the two residential houses, as stated hereinabove and they are duly reflected as owners of 1/4th shares in the landed properties in the revenue records. It is further contended that right from the year 1968 all the four brothers including the appellant No.1 as also the respondent including the other two brothers are in the use and enjoyment of their respective 1/4th shares in the land situated at Kishtwar as also at Joshaana Saroor, whereas the appellant is in exclusive possession of the residential house at Hidyal-Kishtwar as owner thereof and the respondent is in possession of the residential house at village Joshaana-Saroor as owner thereof. It is further contended that in the year 1989 the State Government (in the Fisheries Department) acquired 02 kanals and 03marlas of land out of khasra No.96 measuring 04 kanals and 18 marlas, situated at Kishtwar, which land had fallen in the share of the appellant No.1 and who was in occupation and cultivating possession thereof. A compensation of Rs.40,000/- was granted therefor which became the subject matter of dispute between the respondent and other two brothers, namely, Prahlad Bhagat and Ram Krishan on one side and the appellant on the other side which lasted up to this Court. In this backdrop, the respondent