1. The unsuccessful defendant in O.S.No.1345 of 2007 on the file of the II Additional District Munsif Court, Pondicherry, is the appellant.

2. The respondent/ plaintiff filed the suit for eviction and for mesne profits. The case of the respondent/ plaintiff was that the suit property belongs to him. In the year 2001 he went to France to stay along with his son and therefore he allowed the appellant who is none other than his brother to look after his business and the appellant was running the business in the suit property. The appellant was let into possession and to manage the business run by the respondent and after the respondent/ plaintiff returned to India the appellant started to act against the interest of the respondent and also refused to hand over possession. Hence, he filed the suit after issuing notice.

3. The appellant admitted the title of the respondent in his reply notice and also expressed his willingness to hand over possession of the suit property within two years and further stated that the said undertaking to vacate was subject to the condition of handing over possession of property by the respondent belonging to the appellant.

4. Both the Courts on t