JAI GOPAL Vs. CHANDRA MOHAN

JUDGEMENT

(1.) Heard Sri M.K. Gupta, learned counsel for the appellant and Sri Nitin Sharma learned counsel for the respondent who has appeared through caveat.

(2.) This is defendant's second appeal arising out of O.S. No.232 of 2005, which was decreed on 27.07.2010 by Additional Civil Judge, Senior Division, Court No.3, Meerut. Against the said decree defendant appellant filed Civil Appeal No.147 of 2010 which was dismissed on 30.08.2011, hence this second appeal.

(3.) Both the parties are real brothers. Property in dispute is a shop. The joint properties of both the parties and other co-sharers were partitioned and partition was recognised through a decree dated 01.11.1976 passed in O.S. No.679 of 1976. In the said partition, shop in dispute came in the share of the plaintiff and another shop came in the share of the defendant. Defendant sold his shop. The shop in dispute which in the partition had come in the plaintiff's share was vacated by its tenant Sriniwas in or around 1980. At that time plaintiff was doing business from some other place hence on the request of defendant, plaintiff agreed to give the shop in dispute on licence to the defendant, his real brother. The licence was cancelled through notice dated 21.02.2005. Immediately thereafter suit was filed i.e. on 16.03.2005.