KAUSALYABAI Vs. HARISHCHANDRA MUNNALAL

JUDGEMENT

(1.) Leave granted.

(2.) Defendant in a suit for recovery of possession filed by her brother (Respondent) is before us challenging the legality and/or validity of the judgment and order dated 29.6.2004 passed by a learned single Judge of the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in Second Appeal No. 13 of 2001 dismissing an appeal preferred by the appellant herein against a judgment and order dated 7.12.2000 whereby and whereunder the judgment and order dated 25.01.1995 passed by the learned Trial Judge was reversed.

(3.) Original parties to the suit were brothers and sisters. They had another brother, Dr. D.C. Gupta. The property in suit is said to be an ancestral property. Appellant became a widow in 1945. She, therefore, came to stay with her parents. Father of the original parties died in 1947. Respondent and his brother, therefore, became owner of the properties. Plaintiff-respondent was a Constable. He had been occupying a Government accommodation. Allegedly, he allowed his sister to stay in his house, inter alia, on the condition that she would vacate the same on his retirement.