1. The defendant is the elder brother of the plaintiff. The plaintiff and the defendant have purchased one flat each in a unit which is like a rowhouse being Unit No.5 of Premium Unit Cooperative Housing Society Ltd at Four Bungalows, Link Road, Andheri (West), Mumbai-400 053. The plaintiff is the owner of flat No.2 on the first floor of Unit No.5. The defendant is the owner of flat No.1 on the ground floor of Unit No.5.

2. Despite the separate and independent purchase, the parties have been residing and using the entire unit No.5 as a row-house together with their family members since 1990 when it was purchased. The parties have had disputes since the last few years. The parties are not able to reside together and use the entire unit No.5 jointly as before. Consequently this suit is filed restraining the defendant from using a part of flat No.2 on the first floor of unit No.5 by removing the belongings, materials and articles of the defendant and his family members therein from there and directing the defendant and his family members to shift permanently in flat No.1 on the ground floor purchased by the defendant. The suit is also in respect of a common garden, but with