SWATANTER KUMAR, J.

( 1 ) AS Co-owner of the property No. 21-J, Pandav Nagar, Near Mother Dairy, patpar Ganj, New Delhi, the plaintiff filed a suit for possession and recovery of damages for the use and occupation of the said premises against the defendants. This suit was contested by the defendants who took various preliminary objections as to maintainability of the suit. They denied the ownership of the plaintiff and in fact claimed that defendant No. 1 had purchased the said property and constructed one and a half-storeyed building over that property by incurring huge cost and no objection was raised at any time either by the plaintiff or defendant No. 2. Defendant No. 2 was proceeded against ex parte in the suit vide order dated 30. 03. 1989. By a detailed judgment and decree dated 29. 08. 2001, the trial court held that the plaintiff was the owner of the property and was entitled to decree for possession, however, it deferred the determination of quantum of damages under a separate enquiry as contemplated under Order 20 Rule 12 of the Civil Procedure Code, which is stated to be still pending before the trial court. Aggrieved from this decree, defendant No. 1 (appellant in the