Jainendra Kumar Ranka, J.

1. Respondent/plaintiff Babulal, filed a suit for permanent and mandatory injunction against his brother appellant/defendant Nemichand, before the learned trial court in respect of the property in dispute with the averments, inter-alia, that their maternal grandmother, namely Anandi, sold the portion of her property mentioned in para 2 of the plaint to the plaintiff and defendant no. 2 Phool Chand through registered sale deed. Plaintiff was in possession of the shop situated at the western corner of the property and the small room constructed over the kothri, which came under the possession of plaintiff and defendant no. 2, whereas the upper floor of four shops situated on the eastern side of the property, was free from any construction. Rest of the land which was shown in violet colour in the map annexed along with the plaint, was in possession of said Anandi, who died in the year 1943. It is stated that at that time defendant no. 1, Nemichand was aged 9 years and since then he is in possession of the property. Plaintiff is in possession of the portion marked in black colour in the annexed map since 1942 and defendant no. 2 Phool Chand is in possess