1. - This litigation is amongst real brothers. Petitioner Dr. Gopi Kishan Purohit lives in Libya and his younger brother respondent Radha Kishan lives at Jodhpur.

2. A civil suit for possession is pending since 1980. Allegations are that Dr. Gopi Kishan constructed a house some time in the year 1959. Petitioner (Plaintiff) and his tenant were residing in the house till 1-11-68. Respondent (Defendant) sought permission to live in some portion of the house. It was granted and the respondent started living there. The house was being looked after by Ranchhoddas, the father of both the parties. Plaintiff came to India in 1979 in connection with marriages of his daughters and asked the defendant to vacate the portions in which he was living with permission. First the defendant agreed to do so but later on refused. Thereupon plaintiff's father, who was holding power of attorney on his behalf, sent a notice to the defendant on 14-12-1979 and ultimately filed the suit.

3. The case of the defendant was that the plot was purchased from the income of Hindu undivided family but the sale deed was executed in favour of the plaintiff with an idea that he may obtain loan from the State Gover