V. D. BHARGAVA, J.

( 1 ) THESE are two connected matters, one is a first appeal No. 326 of 1951 and the other is a first appeal from order No, 224 of 1951. Since both arise out of the same matter they were connected in the court below and the appeals against the orders have also been connected.

( 2 ) THE facts of the case are that Sheo Shankar Lal plaintiff in suit No. 41 of 1949, had three wives. Out of his union with the second wife a daughter was born. She was Smt. Bitano. She was married to Rajendra Prakash, defendant No. 1 in suit No. 41 of 1949. His sons Ramesh Chandra, suresh Chandra and Mahesh Chandra are defendants Nos. 2 to 4. The dispute relates to a house situate in Mohalla Gudri Janwaran alias Ghamandi Mathia in the city of Farrukhabad. The case of the plaintiff in the suit was that he had purchased this house on 2-9-1919 from his brother-in-law. After the purchase, he obtained permission from the Municipal Board, Farrukhabad and made constructions. Six months after the execution of the sale deed the plaintiff had invested a considerable amount, and he started living in the house. He lived there for some time. About 8 or 9 years ago he had purchased another house to wh