DEEP RAM Vs. VIJAY AND ANOTHER

JUDGEMENT

(1.) The litigation in this regular second appeal is between the father and his two sons, the appellant/plaintiff, Shri Deep Ram on the one side and the respondents/defendants, S/Shri Vijay and Vinod on the other. The subject-matter of dispute between them is a three storeyed residential house built on the site bearing survey No. 181/53/44/2/1, situate at village Totu Pargana Kaimli, Tehsil & District Shimla. It is not in dispute that the plaintiff is owner of the house-cumsite which is his self-acquired property. The suit was filed by him against his sons for grant of the following reliefs:

(2.) The suit was decreed by the learned trial Court in the following terms:

(3.) The matter was carried in appeal by the defendants to the Court of the learned District Judge, Shimla. The appeal was partly allowed in the following terms: