JUDGMENT

Mr. Amol Rattan Singh, J.:- This regular second appeal has been filed by the defendant in a suit instituted by the respondent herein (now represented by his LRs), by which he sought possession of a house marked as ABCD, shown in red in the site plan annexed with the plaint.

The suit was dismissed by the learned trial court (Additional Civil Judge (Senior Division), Garhshankar), with that judgment and decree however reversed by the learned 1st appellate court, thereby decreeing the suit in favour of the respondent-plaintiff, leading to the filing of this appeal by the defendant.

2. As per the case of the respondent herein (plaintiff), he and his father Banta constituted a Joint Hindu Family, with the suit property being owned and jointly possessed by hem ‘as co-parceners’.

Banta died on 02.07.1992 leaving behind the plaintiff as his sole legal heir and as such the plaintiff claimed that he had become the owner of the suit property.

He also stated in the plaint that his sister, Sibo, was abandoned by her husband after marriage and therefore she was residing in the suit property with their father, i.e. Banta, with the defendant (present appellant) being the son of another sis