LAXMICHAND GUPTA Vs. SATYANARAYAN GUPTA

JUDGEMENT

(1.) This appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 18-1-2001 passed by the 2nd Additional District Judge, Ambikapur, District Sarguja (CG) in Civil Suit No. 2A/98 wherein the said court dismissed the suit filed by the appellant/plaintiff for getting possession of one godown situated at survey No. 1052 area 80 x 40 feet shown in the map attached with plaint.

(2.) as per version of the original appellant/plaintiff, his father namely Motilal and father of original respondent No.1 namely Moharlal Gupta were real brothers. The land bearing Khasra No.1053 area 4.02 is self acquired property of Motilal and in earlier suit decree was passed in his favour. The godown in question was given to original defendant/respondent Satyanarayan. Motilal died in the year 1994. Respondent was in possession of the godown in question, but when the original appellant demanded the said godown, the original defendant/respondent refused to return back possession of the said property that is why suit was filed which was dismissed.

(3.) Learned counsel for the appellants would submit as under: