P.K.BHASIN, J

The present appeal is filed by the appellant for setting aside the judgment dated 27th October, 2007 passed by the learned Additional District Judge whereby the suit filed against him by his brother( the respondent herein) for a decree of possession and mesne profits in respect of one room and a bathroom on the ground floor of house no. E-28, Greater Kailash-II, New Delhi(hereinafter to be referred to as „the house in dispute? and which house was claimed by the respondent to be his self-acquired property) has been decreed and the counter-claim of the appellant-defendant for a decree of partition of the house in dispute on the ground that it was a joint family property has been rejected.

2. The respondent-plaintiff(who shall hereinafter be referred to as „the plaintiff?) had filed the suit against his brother, the appellant herein and who shall hereinafter be referred to as „the defendant?, alleging that he was the owner of the house in dispute having purchased the same vide registered sale deed dated 14.11.1979. Regarding the sale consideration he had pleaded that since he was living abroad he had been remitting money from abroad in the bank account of his mo