ANITA CHAUDHRY, J.

CM No.10378-C of 2015

1. For the reasons set out in the application, same is allowed as prayed for and delay of 16 days in re-filing the present appeal is condoned.

RSA No. 4297 of 2015

2. This is the defendant's second appeal aggrieved by the judgments passed by the Courts below.

3. The lis is between two brothers with respect to a house in Mohali (Punjab). A suit for mandatory injunction was filed by plaintiff, Satish Kumar Bansal seeking directions to the defendant to remove his belongings and refrain from using the property. He was also seeking recovery of damages @ Rs.10,000/- per month w.e.f. 01.04.2010 till the property was vacated. The plaintiff had averred that he had allowed his brother to use his house and he was a licensee. It was also his case that both of them were business partners in a firm M/s. Saraswati Marbles but he was shown as a employee in the firm only for income-tax purposes. With time they separated their business and settled their accounts and defendant agreed to pay Rs.5,56,000/- to the plaintiff to settle the plaintiff's claim. The defendant in order to discharge the admitted liability issued two post dated cheques for a sum of R