ASHOK KUMAR Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) The defendant has filed the present petition being aggrieved by the order dated 12.01.2016 by which application under Order 41, Rule 1 of the CPC filed by him has been rejected.

(2.) The respondent/plaintiff has filed the suit for declaration, possession and mesne profit. He has claimed the relief that the plaintiff is entitled to take possession and do the business in the shop under the right of occupancy and the defendant be declared encroacher and restrained to do the business therein. The plaintiff and defendant are real brothers. According to the plaintiff, the Shop No. 47 was given to him by way of agreement dated 05.10.1995 by Municipal Council, Mahidpur under the right of occupation. The defendant being his brother was in difficult time, therefore, for some period, the plaintiff gave the said shop to him to do the business for some time. On 13.03.2014 when the plaintiff demanded the possession, then the defendant has declined and misbehaved with him. The plaintiff has valued the suit @ Rs. 5,000/- for the relief of declaration and Rs. 5,000/- for the relief of possession.

(3.) The defendant filed written statement and on the basis of pleadings, the trial Court framed the issues. The issue No. 5 was framed whether the plaintiff has properly valued the suit and paid the proper court fees.