RAJBIR SINGH Vs. MAHENDER SINGH AND ORS.

JUDGEMENT

(1.) The present second appeal under Section 100 CPC is directed against the judgment and decree dated 08.12.2014 passed by the First Appellate Court, namely the ADJ-03 (South-West), Dwarka Courts Complex, New Delhi in RCA No. 31/2013 preferred by the appellant/ defendant. The said first appeal had been preferred by the appellant/ defendant to assail the judgment and decree passed by the learned Civil Judge-XIII (Central), Delhi in Suit No.1133/2009 titled Sh. Mahender Singh Vs. Rajbir Singh, whereby the suit of the respondents/ plaintiffs had been decreed against the appellant/ defendant.

(2.) The respondents/ plaintiffs had filed the aforesaid suit to seek reliefs of permanent and mandatory injunction against the appellant/ defendant on the premise that plaintiff No.1 is the brother of the defendant, and plaintiff No.2 is the paternal uncle of the said two brothers. There is another brother of plaintiff No.1 and the defendant, namely Sh. Satbir Singh, who though not impleaded as a party to the suit as no cause of action had arisen against him, appeared as a witness in support of the plaintiff's case.

(3.) The case of the plaintiffs was that the plaintiff No.1 is the owner and in use and enjoyment of a residential house, and similarly, plaintiff No.2 was also the owner and in possession of a Gher, which were situated in the Lal Dora Abadi in village Jaffarpur Kalan, falling in Khasra No.495. The plaintiffs stated that the defendant is the owner of another portion of the property falling in the same Khasra, where he has built his residential house, and Sh. Satbir Singh, the third brother is similarly the owner and in possession of a residential house in the same area.