PINESHBHAI MANGABHAI PATEL Vs. HEMANTBHAI MANGABHAI PATEL

JUDGEMENT

(1.) The present Second Appeal has been filed under Sec. 100 of the code of Civil Procedure, 1908 challenging the judgment and decree passed by 12h Additional District Judge, Surat in Regular Civil Suit No.32 of 2017 whereby, the appeal preferred by the appellant came to be rejected and the Appellate Court confirmed the judgment and decree dtd. 23/3/2017 passed by 11th Additional Senior Civil Judge, Surat in Regular Civil Suit No.419 of 2008

(2.) For the sake of convenience, the parties are referred to as their original status, the present appellant is referred to as the original defendant and the respondent herein is referred to as the original plaintiff.

(3.) The plaintiff filed Regular Civil Suit No.419 of 2008 stating that the plaintiff is the owner of the suit property and the said suit was for recovery of possession and for perpetual injunction restraining the defendant from preventing the plaintiff for making construction over first floor of the suit premises. The plaintiff and the defendant are brothers and it is the case of the plaintiff that the plaintiff has purchased the suit property by registered sale deed on 14/2/2008 and since 14/2/2008 plaintiff is the exclusive owner of the suit premises and as the defendant is the brother of the plaintiff and as the defendant who was in requirement of the residential property till the time he constructs on residential property, the defendant approached the plaintiff and his father and requested them to allow the defendant to stay in the suit property. Considering the said request, the plaintiff agreed to provide the suit property for residence to defendant for a period of 2 to 3 months. It is the case of the plaintiff that the plaintiff is neither the tenant nor the licenser and the suit property was handed over to the defendant without any licence fee and it is the case of the plaintiff that the defendant is the permissive user in the suit premises.