- (1.) This civil second appeal has been filed by appellant -defendant Suja Ram against respondent-plaintiff Kena Ram being aggrieved by the judgment and decree dated 07.01.2011 passed by learned District Judge, Pali in Civil Appeal No.39/2008, whereby the learned lower appellate court only partly allowed the appeal and with some modifications affirmed the judgment and decree dated 22.09.2008 passed by learned Civil Judge (Junior Division), Pali in Civil Suit No.164/2007, whereby the learned trial court decreed the suit filed by the respondent-plaintiff for permanent injunction and recovery of possession of the suit property.
(2.) The brief facts of the case are that the respondent plaintiff Kena Ram filed a suit against the appellant-defendant Suja Ram for permanent injunction and possession. It was averred in the plaint that the plaintiff is resident of Village Chenda and the patta of the suit property was granted to him on 29.11.1960 and thereafter the plaintiff is using the suit property and he also got constructed a room on that land. It is further averred that the defendant is real brother of the plaintiff and about one year ago due to family problems and selling out his own house, the defendants requested the plaintiff to give him the aforesaid room for residential purposes and since then the defendant is residing in the suit property without paying any rent. Since the plaintiff required the suit property for his own use, he asked the defendant to vacate the room, upon which the defendant refused and started quarreling. Therefore, the plaintiff filed suit for permanent injunction and recovery of possession and also claimed mesne profits to the tune of Rs.300/- per month.
(3.) The respondent-defendant filed written statement denying the averments made in the plaint. It was stated in the written statement that the patta of the suit property has not been issued to the plaintiff and the defendant is in possession of the suit property for last 40 years and about 20 years ago the defendant got constructed a room and a water tank on the said land.;