KRISHAN GARG Vs. HARI OM GUPTA

JUDGEMENT

(1.) This order shall dispose of the plaintiffs application No. 10005/96 filed under Order 39 Rules 1 & 2.

(2.) The plaintiff has filed a suit for possession, damages (mesne profits), declaration and injunction. It is incorporated in the plaint that the plaintiff and his uncle, Kale Chand jointly purchased a plot of land measuring 240 sq. yards bearing No. 16 in block 'C' of the layout plan of Bhagwan Dass Nagar, Rohtak Road, New Delhi. They mutually divided the plot into two portions, each portion to have an area of 120 sq. yards and they raised construction on their respective portions. The plaintiff constructed the ground floor on his side of the plot in year 1968-69 and started living there. He constructed the first floor thereon in the year 1976.

(3.) The defendant is the younger brother of the plaintiff and was a student during the said period of 1968-69. It is stated in the plaint that the plaintiff financed the education of the defendant and he completed his graduation in the year 1970. The defendant got married in the year 1977. After the marriage of the defendant, the plaintiff allowed him to stay in the first floor portion of the said property purely out of love and affection for his younger brother.