Vineet Kothari, J.

This unfortunate fight between the two real brothers has been brought up before this Court by the appellant/plaintiff, Inder Singh S/o late Sh. Loonsingh Rajpurohit, against his younger brother, namely, Bheem Singh S/o late Sh. Loonsingh, in respect of suit property, a plot of land ad-measuring 21' x 54', situated in Village-Dhariya, Tehsil-Desuri, upon which the appellant/plaintiff constructed two rooms, one Hall, Chowk, Kitchen, store, bathroom, varanda, etc. after seeking requisite permission from the concerned Gram Panchayat.

2. The appellant/plaintiff, Inder Singh, was in service of Jodhpur Central Cooperative Bank, and undisputedly, the Patta No. 49/77 dated 19.06.1980 (Exhibit-2) was issued in respect of said plot of land by the concerned Gram Panchayat-Dhariya, in the name of plaintiff, Inder Singh. Since, the plaintiff/appellant was serving at Jodhpur, he gave permissive possession of the part of the said house to his younger brother, Bheem Singh, on 01.08.1996 for a period of two years. The father of the parties, late Sh. Loon Singh, expired on 27.03.2002 but before his death, he executed a Will on 17.12.1989 (Exhibit-1) in favour of his three s