This appeal under Section 100 of the Code of Civil Procedure, 1908 has been preferred by the original defendant no.2 who is aggrieved by the decree for possession passed by the trial Court in favour of the respondent no.1 herein which decree has been confirmed by the appellate Court.

2. The facts giving rise to the present litigation are that one Jairam Lad had two sons namely Gulab and Ajab. Gulab being the elder brother was serving with the Railways till 1987. On account of his service, he was required to reside at various places. It is his case that in 1947, Municipal Plot No.4 came to be purchased out of the funds given to him by the sister of his grandmother-Kasabai. Thereafter, from the funds given by said Kasabai, a building was constructed and Gulab was the owner of the said building since purchase of the said plot. The municipal records also indicated his title. Father-Jairam expired on 01.01.1988. During his lifetime, the plaintiff's father was occupying the said building but he had no right, title or interest therein. All taxes were being paid by the plaintiff. After the death of the plaintiff's father he had come to Saoner on 03.01.1988 alongwith his family. On