1. This is first appeal by the plaintiff. The parties shall hereinafter be referred to as the plaintiff and the defendants.

2. The facts giving rise to the appeal are as follows One Motilal Jadia was uncle of the plaintiff. Defendant nos.1 and 2 are the sons of late Motilal Jadia. The original plaintiff Dulichand is dead. Dulichand – the original plaintiff came to Nagpur in 1970 to join the business run by defendant nos.1 and 2. While the plaintiff started working with defendant nos.1 and 2 in their business, the plaintiff’s family was at Calcutta. Plaintiff Dulichand while at Nagpur was residing with defendant nos.1 and 2. Plaintiff Dulichand was trying to build up his career in the jewellery business. However, up to the age nof 49 he had not secured any accommodation for the family. He, therefore, decided to give top priority for securing residential accommodation for himself and his family. Due to his tremendous labour and industry, the plaintiff Dulichand was able to purchase a plot at Nagpur on 18th April, 1971. The said plot was in the occupation of the tenant and he was carrying on business there. Since property was in occupation of the tenant, the plaintiff coul