LAWS(ALL)-2014-8-299

CHHOTEY LAL KASERA Vs. KANHAIYA LAL KASERA

Decided On August 26, 2014
Chhotey Lal Kasera Appellant
V/S
Kanhaiya Lal Kasera Respondents

JUDGEMENT

(1.) Heard Sri Ashish Kumar Srivastava, learned counsel for the appellant, Sri Nipun Singh, learned counsel for the respondent and perused the record.

(2.) Facts , in brief, of the present case are that plaintiff/ respondent, Sri Kanhaiya Lal Kasera filed a suit for eviction against Sri Chhotey Lal Kasera, appellant-defendant from House No.C.K. 18/31 Mohalla Thatheri Bazar, Varanasi (hereinafter referred to as 'house in question').

(3.) Pleadings as pleaded by plaintiff/ Sri Kanhaiya Lal Kasera in his plaint are that Sri Kanhaiya Lal Kasera and Sri Chhotey Lal Kasera are real brother and their father Shanker Lal Kasera executed a will-deed dated 4.12.1973 registered on 10.12.2973 by virtue of the same, house no. C.K. 18/31 came to his share and house no. C.K. 61/11 to his elder brother Sri Chhotey Lal Kasera.