Mehinder Singh Sullar, J.

1. The epitome of facts, culminating in the commencement, relevant for disposal of present petition and emanating from the record, is that, Hargursharan Singh son of late Gurbax Singh, respondent-plaintiff, (hereinafter to be referred as "the plaintiff) filed the present suit for a decree of declaration to the effect that he is owner and in possession, to the extent of 50% share, of the house in dispute, with a consequential relief of permanent injunction restraining Lt. Col. Hargobind Singh (retired) son of late Gurbakhsh Singh, petitioner-defendant (hereinafter to be referred as "the defendant") from alienating the house in question in any manner.

2. The case set up by the plaintiff, in brief, in so far as relevant to decide the present controversy, was that the parties to the lis are real brothers. The defendant joined the army at young age, while plaintiff was cultivating the land in the village. In the year 1968, the defendant approached the plaintiff and proposed that as he was eligible for allotment of plot from defence quota, therefore, they should jointly purchase the house in question. Plaintiff believed and trusted his elder brother blin