Kuldip Singh - (1.) THIS appeal is directed against judgment, decree dated 08.01.2003 passed by learned District Judge,Sirmaur District at Nahan in Civil Appeal No. 95-CA/13 of 2001, affirming judgment, decree dated 25.08.2001 passed by learned Senior Sub Judge,Sirmaur District at Nahan in Civil Suit No. 34/1 of 2000.
(2.) THE facts, in brief, are that respondent had filed a suit for possession against the appellant. THE case of the respondent is that his mother Gulab Devi had been coming in possession of the suit property comprised in Khasra Nos.151 to 154, measuring 100.97 square metres, Mohal Amarpur, Nahan as lessee under Municipal Council. Gulab Devi expired on 15.09.1999 leaving behind respondent and his sister Raksha Devi as her heirs. THE suit property consists of residential house which was raised by Gulab Devi during her life time. The appellant, brother of Gulab Devi, was allowed by her to occupy two rooms and one kitchen for use and enjoyment in March, 1981, as licensee. In July, 1999, Gulab Devi revoked the licence and asked appellant to hand over vacant possession of the rooms and kitchen, but appellant refused to vacate the premises. The possession of the appellant over two rooms and kitchen after July, 1999, is illegal.
(3.) THE appellant on 18.04.2000 started raising construction over the disputed property and tried to put the lintel despite opposition by the respondent. In these circumstances, the respondent filed the suit.;