HEMANT GUPTA, J. - (1.) The legal representatives of the plaintiff have appealed before this Court, aggrieved by the judgment and decree of the First Appellate Court dated 6.7.2005 affirmed by the High Court in the Second Appeal on 16.8.2006.
(2.) The plaintiff filed a suit; Hereinafter referred to as the 'first suit' (Special Civil Suit No. 55/77/I) seeking possession and accounts from his younger brother-defendant No. 1 (respondent No. 1) who was given the southern portion of the property in question by virtue of a gift deed dated 10.5.1957 executed by the parents of the parties involved. The northern portion was allotted to the plaintiff by the same gift deed.
(3.) The plaintiff had inter-alia pleaded that Defendant No. 1 - Jose Francisco Pinto earlier sold his one of his properties to the plaintiff due to failure in timely discharging the debts raised by him in the year 1962. Subsequently, the plaintiff purchased the southern portion of the property from defendant No. 1 by a registered sale deed after settling the creditors of defendant No. 1 so as to save their ancestral property. The plaintiff, as an elder brother, allowed his younger brother to stay in the house for five years. Defendant No. 1 collected rents from the other defendants as well during this period. The plaintiff filed the first suit on 10.5.1977 relying upon the sale deed executed on 14.9.1970 and registered on 23.9.1970 in respect of southern half of the property called "Pedda ". It is pleaded that defendant Nos. 3 to 9 are occupying the premises as tenants of the six tenements existing in the premises.;