- (1.) Heard learned Counsel for the respective parties. Admit. Issue fresh notice to respondent No.2/3. No further notices need be issued to the other parties since they are already represented by their Counsel. List on 05.03.2020. S.B.Civil Misc. Application Nos.1/2020 and 2/2020:- 1. Heard learned Counsel for the respective parties.
(2.) Suffice it to note herein that suit was filed by respondent namely Rajnesh Kishore Dubey @ Rajnish Kishore Dubey for possession and mesne profits against his own younger brother, younger brother's wife and his mother impleading them as defendants No.1, 2 and 3, alleging inter alia, that plot No.G- 109 was purchased by the plaintiff in auction by UIT, Jaipur on 8.9.1974 and sale deed was executed in the name of the plaintiff. The plaintiff claimed that he got constructed house thereupon out of his own income in 1978 and thereafter, out of love and affection, he allowed his parents, younger brother and sister to live in the house. After the death of plaintiff's father, plaintiff alleges to terminate the licence of defendants and asked to handover the vacant possession of the house vide notice dated July, 2002. Thereafter, the suit came to be filed by the plaintiff.
(3.) Defendants No.2 and 3 submitted written statements and alleged that the plot of the house in question was purchased by mother in auction and cost of land was deposited to UIT, Jaipur through cheques from the bank account of their father. It is further stated that the construction of the house was raised by the mother and the plaintiff was acting merely on the basis of sale deed, which had been made out and his name came to be mentioned as natural son of his father.;