JUDGMENT :

Anil Satyavijay Kilor, J.

1. The appellants by the present appeal, have questioned the correctness and legality of concurrent findings given by both the Courts below as regards the ownership of the plaintiff/respondent of super structure constructed on the land leased out in the name of appellant No. 1 by the Nagpur Municipal Corporation.

2. The facts leading to the present appeal are as follows:

The suit property i.e. structure constructed on the ground floor of plot No. 47-B, Shiv Nagar, Ward No. 20, Nagpur having Municipal House No. 1547. The land on which the suit house was constructed by the plaintiff, the said land was allotted by the Nagpur Municipal Commissioner in the name of defendant No. 1. The defendant No. 1 and plaintiff are the real brothers. The defendant No. 1 had executed an agreement dated 18 December, 1989 which was duly registered on 3 February, 1990 in the office of Sub Registrar, Nagpur whereby the defendant No. 1 permitted the plaintiff to construct a house on a lease hold land of the defendant No. 1 and thereby awarded the ownership to the extend of the ground floor super structure.

3. In pursuance to the terms of the agreement, the plaintiff construc