JUDGMENT :

1. This is a plaintiff’s second appeal challenging the judgment and decree dated 20.11.1979 passed by the II-Additional Munsif, Hathras, i.e., the Trial Court dismissing Original Suit No. 13 of 1978 as well as against the judgment and decree dated 6.9.2011 passed by the District Judge, Hathras, i.e., the lower appellate court dismissing Civil Appeal No. 23 of 1980 filed against the decree of the trial court.

2. The facts relevant for the present Second Appeal are that Brij Lal, who was the common ancestor of the plaintiff and the defendants, was recorded as Bhumidhar of Plot No. 174-Aa (area 24-6-10) which shall hereinafter in short be referred as ‘the suit property’. Brij Lal had four sons, namely, Nandan Lal, Babu Lal, Shanti Swaroop (plaintiff) and Onkar (defendant/respondent no.1). It is the common case of the parties that Nandan Lal renounced the world and his whereabouts were not known and Babu Lal died issueless before Brij Lal. Omkar, i.e., defendant no. 1 had five sons, namely, Kamlesh, Hridesh, Janki Prasad, Bhagwati Prasad and Lalta Prasad who are respondent