( 1 ) SHRI Hari Singh is the appellant in the present appeal which is first appeal under Section 96 read with Order 41 of the Code of Civil Procedure. He was plaint in the Suit No. 862/93 filed by him against the respondents herein. The Suit was possession and recovery of damages against the defendants/respondents. The was filed by making the averments that appellant is the owner of Property No. 30 rameshwari Nehru Nagar (Jag Jiwan Niwas), Delhi. According to the appellant had permitted the defendants to stay in the portion of the Suit premises, shown yellow colour in the site plan enclosed with the plaint. This permission was granted view of the fact that defendants are the relations of the plaintiff inasmuch as defenda no. 3 is the wife of the younger brother of the plaintiff and the defendants 1 and 2 the sons of the younger brother of the plaintiff (late) Sh Bishan Dayal. The Suit was contested by the defendants/respondents herein wherein the plea of co-ownership was taken. It was averred that during the year 1947 Smt. Parwati, Bishan Dayal and hari Singh came to India as refugees and occupied this house in dispute. The house is not self-purchased property of the pla