( 1 ) SHRI Prem Nath Wadhawan, plaintiff herein, filed the Suit praying for a decree for declaration to be passed in favour of the plaintiff and against the defendant to the effect that the plaintiff is the absolute and sole owner of property No. B-5/204 Safdarjung Residential Scheme, New Delhi (also known as Safdarjung Enclave) by way of adverse possession,being in open, hostile and continuous possession and occupation of the same for more than 12 years.

( 2 ) IN brief the facts of the case as are apparent on the record are that plaintiff and defendant both are real brothers. A plot of land bearing No. B-5/204, Safdarjung Residential Schemc,new Delhi measuring 213 square metres was purchased in public auction on 27. 6. 1971 from the Delhi Development Authority and a residential house was constructed thereon. Since the very inception, the plaintiff alongwith his family has been exclusively living in the said house for the last more than 12 years i. e. since November, 1975 in his own right. During all this period the plaintiff has been in sole and exclusive possession, occupation and enjoyment of the said property and the defendant was also well aware of the same and