RAM DEV YADAV Vs. NIRMALA YADAV

JUDGEMENT

(1.) Being unsuccessful before both the Courts below, the appellant-defendant has filed the instant Regular Second Appeal.

(2.) In nutshell, respondent-plaintiff filed a suit for mandatory injunction, against the appellant to direct him to vacate and hand over the peaceful possession of the suit property as detailed in para 1 of the judgment dated 22.12.2015, passed by the learned trial Court, on the ground that she, after purchasing the plot vide sale deed dated 31.08.2001, had raised construction of her house. Since, the appellant was the real brother of her husband, therefore, she permitted him to reside in the same as a licensee. However, behaviour of the appellant towards her and her husband was not good. The appellant also filed a frivolous suit against her. Consequently, a legal notice dated 16.06.2014 was got issued, to the appellant regarding cancellation/rejection of his license and to vacate the suit property within 15 days.

(3.) The appellant in his written statement, took the plea that he and his brother Ramdeen Yadav, were running a business in partnership and the plot measuring 125 Sq. Yards was purchased by them jointly. But, the same was got registered in the name of respondent-Nirmala Devi, being his real sister-in-law. After purchasing the plot, he along with his brother Ramdeen Yadav, by investing money constructed a house thereon. The respondent along with her husband was residing on the ground floor, whereas he was residing on the first floor and, thus, in this way, he claimed himself to be the joint owner in the suit property. After due trial, the suit of plaintiff-respondent was decreed in toto by the learned trial Court, vide judgment and decree dated 22.12.2015.