AJAY KUMAR & ANR Vs. HARKA BAHADUR GURUNG

JUDGEMENT

(1.) The appellant vide the present second appeal under Section 100 of the Code of Civil Procedure, 1908, as amended assails the impugned judgment dated 03.08.2018 of the learned ADJ-02, Waqf Tribunal/ New Delhi District, Patiala House Courts, New Delhi in RCA/DJ No.77/2017 vide which the first appeal filed by the appellants herein against the impugned judgment dated 16.08.2017 of the Civil Judge-02, PHC, New Delhi District, New Delhi in CS No.57219/2016 (Old No. CS 128/2013), - was dismissed.

(2.) Vide the judgment dated 16.08.2017 of the Civil Judge-02, PHC, New Delhi, the suit for possession, mandatory and permanenet injunction filed by Harkh Bahadur Gurung as plaintiff thereof arrayed as respondent to the first appeal and also arrayed as respondent to the present second appeal, vide which suit, the plaintiff thereof (the respondent herein) had sought a decree of possession against the defendants of the said suit Shri Ajay Kumar, his son and Nisha Gurung, his daughter-in-law/wife of his son Ajay Kumar both arrayed as appellants to the present appeal and had sought a decree of possession and directions that the defendants (i.e. the present appellants) be directed to vacate the property bearing No. V-172, Old Nangal, Delhi Cant, New Delhi and sought an injunction against them from interfering in his peaceful and continuous possession of the suit property which suit was decreed by the learned trial Court in favour of Shri Harkh Bahadur Gurung.

(3.) Vide the judgment and decree dated 16.08.2017 in CS No.128/2013, the issues framed on 17.04.2014 to the effect: