( 1 ) THIS appeal has arisen out of a judgment and decree passed by learned Additional District Judge, Tis Hazari, Delhi, dated December 18, 1975 whereby he set aside the judgment and decree dated October 20, 1974 passed by a Sub Judge dismissing the suit of the plaintiff/respondent (hereinafter REFERRED TO to as the respondent for the sake of brevity) and decreeing the suit of the respondent for recovery of possession to the extent of 4. 4. biswas of land as shown in the report of the Local Commissioner submitted on September 13, 1970.

( 2 ) BRIEF facts which are necessary in order to facilitate the disposal of the present appeal are being reproduced below. The plaintiff/respondent filed a suit in the Court of the Senior Sub Judge which was registered as Suit No. 1561/72 on the allegations that he was the owner and coloniser of a colony known as Raja Garden Colony situated in the revenue estate of Basai Darapur, Najafgarh Road, Delhi. The defendant/appellant (hereinafter REFERRED TO to as the appellant for the sake of convenience) is a firm which carries on business under the name and style New Multan Timber Store, Raja Garden, Najafgarh Road, Delhi. Defendants/ap