By the Court.—Heard Sri Dhruva Narayana, learned Senior Advocate, assisted by Sri Namit Srivasava, Advocate, for appellants; and, Sri Anuj Agarwal, Advocate, holding brief of Sri Pankaj Agarwal, Advocate, for respondents.

2. These two appeals filed under Section 96 of Code of Civil Procedure have arisen from judgment dated 9.10.2003 and decree dated 23.10.2003 passed by Sri N.A. Zaidi, Additional District Judge, Court No. 4, Moradabad dismissing Original Suit No. 696 of 1991 instituted by Laxmi Saran Agarwal etc. and simultaneously decreeing Original Suit No. 975 of 1991 instituted by Sri Guru Saran Agarwal, respondent No. 1 in both the appeals.

3. Since these appeals have arisen from a common judgment dated 9.10.2003, therefore, we have heard both together and the same are being decided by this common judgment.

4. Original Suit No. 696 of 1991 (hereinafter referred to as “First Suit”) was instituted by three brothers, Laxmi Saran Agarwal, Vipin Saran Agarwal and Sudhir Saran Agarwal, sons of Sri Amar Nath Agarwal, against their fourth brother Guru Saran Agarwal, who was impleaded as defendant No. 1. In the aforesaid suit, father Amar Nath Agarwal and fifth brother Shiv Sar