JUDGMENT

Manisha Batra, J. - The present appeal has been filed by the defendants-appellants against the judgment and decree dated 21.08.1991 passed in Civil Appeal No.RT 64 of 1989 titled as Chandi Dass v. Baldev Raj and another whereby the judgment and decree dated 31.07.1989 passed by learned trial Court in Civil Suit No.408 dated 09.12.1986 titled as Chandi Dass v. Baldev Raj and another, had been set aside, the appeal had been accepted and the suit filed by the plaintiff-respondent had been decreed.

2. The parties are referred to hereunder in the same order as they were arrayed before the trial Court.

3. Broadly but briefly, the case of the plaintiff as stood exposited from the plaint could be portrayed thus:-

The plaintiff-Chandi Dass filed the aforementioned suit on the averments that the property detailed out in the head note of the plaint (hereinafter to be mentioned as the 'disputed property') was originally owned by his maternal grandfather Sh. Kailash Nath. A house was previously existing on this property but as due to old age of its construction, the same had fallen down, therefore, it was now existing in the shape of a plot. After the death of Sh. Kailash Nath, the dispute