Hon’ble Rajes Kumar, J.—These are two Second Appeals arising from the order of the Additional District Judge, Court No. 3, Meerut, dated 9.9.2011, passed in Civil Appeal No. 170 of 2008, Vijay Kumar Gupta v. Mool Chand Gupta and others and Civil Appeal No. 161 of 2008, Sunil Kumar Gupta v. Mool Chand and others.

2. The brief facts, giving rise to these appeals, are that Mool Chand Gupta filed the Suit No. 814 of 1998, Mool Chand Gupta and others v. Vijay Kumar Gupta and Sunil Kumar Gupta, appellants herein, who were defendant Nos. 1 and 2, for mandatory injunction seeking the direction from the Court to the defendant-appellants to vacate the house and handover the physical possession of the portion ‘ABCDEFGHI’ and ‘JKLMNOP’ respectively shown in the plaint map of the House No. 11 (New Number 12) situated in New Arya Nagar, Jail Road, Meerut. The plaintiff, Mool Chand was the father of the defendants, Vijay Kumar Gupta and Sunil Kumar Gupta. The suit was filed with the allegations that since last two and half years, defendant No. 1 and since last ten months, defendant No. 2, and their families started abusing, torturing, misbehaving and committing cruelty with him and his wi