RAJENDRA CHANDRA SINGH SAMANT, J.

1. This is an appeal against the judgment and decree dated 18.10.1996, passed by the First Additional District Judge, Ambikapur, District - Sarguja, in Civil Appeal No.25-A/1985, whereby the judgment and decree passed by the learned Court below on 04.09.1985, in Civil Suit No.11-A of 1973 was set-aside.

2. The appellant/plaintiff pleaded in civil suit filed by him that both the parties were members of the joint Hindu family. By agreement dated 08.02.1947, the joint family property was divided between the members of the family, in which the appellant/plaintiff was given in his share the suit house as described in schedule -A, which was occupied by one tenant Shiv Prasad Halwai, from whom the vacant possession was obtained by the appellant, after he filed civil suit against the tenant. The possession was received in the year 1950. The appellant raised construction for residence as well as for business purpose on the land of that suit house and because of some personal reasons, he has shifted from the place in the year 1962. The house, shop and construction raised were left in locked condition. On 10.04.1973, the defendants have unauthorizedly