Hon’ble Saeed-Uz-Zaman Siddiqi, J.—This second appeal has been preferred against the judgment and decree dated 17.10.2012, passed by the Learned Additional District Judge (Court No. VII), Lucknow in Regular Civil Appeal No. 53 of 2012, by which the judgment and decree dated 15.2.2012 passed by Learned Additional Civil Judge (Senior Division), Court No. 21, Lucknow in Regular Suit No. 77 of 2009 has been set aside and the plaintiff’s suit has been decreed.

Dr. L.P. Misra filed vakalatnama on behalf of the respondents.

Heard learned counsel for the appellants as well as learned counsel for the respondents and have gone through the records.

2. An expose of the facts may now be given to the extent, necessary for explaining the setting of the contentions between the parties.

One Prabhu Dayal (deceased) had two sons Hariram Achhariya and Kanhaiya Lal Achhariya, besides one daughter Nita Gajwani. The two brothers Hariram Achhariya and Kanhaiya Lal Achhariya purchased the disputed property. Kanhaiya Lal Achhariya died before 20.3.1978, leaving behind widow Pramila Achhariya and one son Ashok Kumar Achhariya. The name of wife of Sri Hariram Achhariya is Smt. Raju Achhariya. Since bo