K. MURUGENDRAN Vs. K DAKSHAYANI KUMAR

JUDGEMENT

(1.) This Regular First Appeal is filed by the defendant in O.S.No.834/2011 challenging the Judgment and Decree passed by the X Additional City Civil and Sessions Judge, Bengaluru (CCH-26) dtd. 22/11/2014.

(2.) For the sake of convenience, the parties shall henceforth be referred to as they were arrayed before the Trial Court. The appellant herein was the defendant while the respondent herein was the plaintiff before the Trial Court.

(3.) The plaintiff and defendant are half brothers. The plaintiff filed a suit in O.S.No.834/2011 to direct the defendant to quit and deliver vacant possession of the suit schedule property and for mesne profits. The plaintiff claimed that the suit property belonged to his father and that the defendant was permitted to occupy the ground floor premises of the suit schedule property. It is stated that the father of the plaintiff had executed a Gift Deed dtd. 29/7/2009 by which the ground floor and first floor of the suit schedule property was bequeathed to the plaintiff. The plaintiff thus became the full and absolute owner of the suit schedule property and he requested the defendant during last week of August 2009 and informed him about the execution of the Gift Deed and requested the defendant to hand over vacant possession of the ground floor portion. Since the defendant was the brother of the plaintiff, he was permitted to occupy the premises for six months from August 2009. The defendant thereafter failed to deliver the possession of the suit schedule property which compelled the plaintiff to cause a notice dtd. 12/6/2010 calling upon the defendant to quit and deliver the vacant possession of the suit schedule property and hand over the same to the plaintiff. The notice was duly served upon the defendant. Since the defendant failed to comply with the notice demand, the plaintiff filed the present suit.