NARBAD Vs. KAMTA PRASAD

JUDGEMENT

(1.) This first appeal has been preferred against the judgment dated 5.5.2014 passed by 3rd Additional Sessions Judge, Chhindwara, in Civil Suit No.30-A/12 whereby the appellant has been directed to vacate the possession of the suit house and hand over the same to respondents/plaintiffs within 60 days.

(2.) It is admitted fact that respondent/plaintiff Kamta Prasad and the appellant/defendant Narbad are real brothers and suit property Batta No. 526, area 1800 square feet is situated at village Loniya Karbal, District Chhindwara.

(3.) The facts giving rise to this appeal, briefly stated, are that the respondent/plaintiff Kamta Prasad filed the present suit before the District Judge, Chhindwara stating that the aforesaid suit property was the property of the ownership of his father (deceased) Fulla who executed a Will on 20.6.2005 in favour of the respondent/plaintiff and after the death of the father he became the owner of the suit property in as much as he was residing out of Chhindwara and availing this opportunity the appellant/defendant Narbad parted the possession of the aforesaid property to the defendant no. 2 on land and he is not ready to vacate the suit house, therefore, notice was given to the respondents/defendants on 27.4.2011. Despite receiving of notice the suit house was not vacated, therefore, by filing the suit, prayer has been made to direct the defendants to deliver the possession along with mesne profit at the rate of Rs. 500/- per month.