MOHD NADEEM Vs. MOHD RAFI

JUDGEMENT

(1.) This hearing has been done by video conferencing.

(2.) This is a second appeal challenging the impugned judgment dated 10th October, 2019 in RCA No. 41/2017 , passed by the Additional Senior Civil Judge, Central District, Tis Hazari Courts, by which the Appellate Court has upheld the decree dated 15th July, 2017 passed by Trial Court in CS No. 568/16 . The dispute is between the Plaintiff/ Respondent who is the father (hereinafter, "plaintiff") and the Defendant/ Appellant who is the son (hereinafter, "defendant").

(3.) The Plaintiff filed a suit filed for permanent and mandatory injunction against the Defendant. The case of the Plaintiff is that he is in lawful possession of the property bearing No.1250, Gali Jaman Wali, Kalan Mehal, Darya Ganj, Delhi ("hereinafter, "suit property"). One room in the property is occupied by his son, i.e., the Defendant. Father of the Plaintiff was the tenant of one Mohd. Shami in the suit property and the Plaintiff himself was born in the suit property. The Defendant, who is the son of the Plaintiff, was also born in the suit property. The father of the Plaintiff passed away in 1976 and since then, the tenancy of the suit property has vested exclusively with the Plaintiff. Disputes arose between the two parties consequent to which, the Plaintiff withdrew the permission given to the Defendant to live in the suit property. Since the defendant did not vacate the property, the suit for permanent and mandatory injunction came to be filed.