Decided on January 17,2005

Kangloo Appellant
PARAU Respondents


- (1.) HEARD .
(2.) THE revision is preferred against the order dated 14-2-2001 passed by the Civil Judge Class-II, Durg, in Execution Case No. 31 -A/97 whereby warrant of possession has been issued. The plaintiff/respondent filed a suit for possession on the ground that the plaintiff and defendant both are real brothers and when the defendant came to Bhilai in search of employment in Bhilai Steel Plant, he sought permission of the plaintiff to live in a portion of the house owned by the plaintiff, as he was not having any house, on the assurance that as soon as he will get the house he will vacate the same. It is stated that though the defendant got the house and became permanent employee of Bhilai Steel Plant but did not vacate the house. Therefore, the suit was filed by the plaintiff. The defendant denied the claim.
(3.) THE trial court framed initially nine issues and thereafter two additional issues were framed. The trial court on the basis of material on record and the evidence led by the parties passed the judgment and decree dated 5-5-1997 that the plaintiff should be given vacant possession of the house after removing the defendant. Para 17 of the said judgment is quoted below : JUDGEMENT_116_CGLJ2_2005img1.jpg;

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