JUDGMENT

P. Sathasivam, J.

1) Leave granted.

2) This appeal is directed against the order dated 22.11.2006 passed by the learned single Judge of the High Court of Delhi in C.M. (Main) No. 136 of 2005 whereby the High Court allowed the petition filed by the respondent herein.

3) Brief facts: The appellant and the respondent, being members of Adarsh Bhawan House Building Cooperative Society, Delhi were jointly allotted a plot bearing No. 13/20, Punjabi Bagh Extension, New Delhi admeasuring 426 sq. yds. vide perpetual lease deed dated 12.05.1981. After the allotment, the plot was partitioned with the mutual consent of the parties. The front portion was allotted to the appellant and the back portion was allotted to the respondent. The appellant raised construction in the year 1983 and completed the same in the year 1984. The respondent also started raising the construction on the back portion and completed the same in the year 1985. Both the parties were in use and occupation of their respective portions of the property after the respective construction.

In the year 1986, the respondent herein filed a suit for mandatory injunct