JUDGMENT :

N.V. Ramana, J.

This appeal by special leave is directed against the judgment dated 29th November, 2006 passed by the High Court of Madhya Pradesh, Bench at Indore in First Appeal No. 239 of 1996 whereby the High Court while confirming the judgment of the trial Court, dismissed the appeal preferred by the appellant with costs.

2. In the year 1989, the respondent herein instituted a Suit, before the District Judge, Indore seeking ejectment of his brother -the appellant herein from the suit property and also claiming mesne profits. The defendant-appellant herein contested the Suit on the ground that he got half share in the disputed property as it originally belonged to his late maternal grandfather who was survived by only two daughters. On the death of his grandfather his mother entered the succession and he has been staying with his mother in the suit property. Therefore the plaintiff- respondent cannot claim to be the sole owner of the suit property and the Suit itself is misconceived. Subsequently, the respondent -plaintiff amended the plaint to the effect that during the lifetime of his grandfather, late Goverdhanlal bequeathed the house property by executing a Will on