Judgment :-

Dalveer Bhandari, J.

1. This appeal is directed against the judgment and decree passed by the High Court of Madhya Pradesh, Indore Bench at Indore in Civil Second Appeal No. 103 of 1982 dated 24.8.2000.

2. In order to appreciate the controversy involved in the case, it is necessary to recapitulate the basic facts of the case.

3. The appellants father Sukhram (since deceased) filed a suit bearing Civil Original Suit No. 230A of 1972 before the learned Fifth Civil Judge, Indore, Madhya Pradesh against Jagannath (since deceased). It was pleaded, inter alia, that Sukhram (plaintiff) and Jagannath (defendant) were brothers and sons of Narsingh, who died leaving behind 22.39 acres of agricultural land and an ancestral house in village Kadwali Khurd. The said land was jointly cultivated and the house was jointly occupied by both the brothers. Sukhram went to his maternal uncles house to look after his property. Sukhram before leaving the village went to his brother Jagannath and requested him that he would be looking after his maternal uncles property and till he returned to his village, the property may be looked after by him (Jagannath) and he be given the usufruct or incom