(1.) This Regular Second Appeal is directed against the judgment and decree of the Additional District Judge, Delhi by which the appeal of the appellant was dismissed. The fact giving arise to this appeal are, that House No.4-A/57, Old Rajinder Nagar, Delhi was allotted to the parties' father Nihal Chand in 1949. Nihal Chand sold this house to the plaintiff/respondent by sale-deed dated 11-1-1968. The case set up by the plaintiff/respondent was that after the purchase of the house from his father, Nihal Chand, be allowed his brother appellant/defendant to remain in a room and portion of verandah in front, as a licensee. His licence have been revoked by notice dated 14th October, 1989, calling upon him to clear off the said portion of the house, but he did not do so.
(2.) The defendant/appellant contested the suit and pleaded that the property was purchased by the joint Hindu family consisting of their and two brothers and he was a co-owner and that the property had been allotted to his father, Nihal Chand. on account of property left in the Pakistan. He also pleaded co-ownership of the property. He also claimed adverse possession. The other plea was that the suit in the form of mandatory injunction was not maintainable.
(3.) On the pleadings of the parties, the following issues were framed :