MANMOHAN SINGH, J.

1. The plaintiff has filed a suit for mandatory and permanent injunction against the defendant seeking mainly the following prayers:

(a) A decree in favour of the plaintiff and against the defendant for mandatory injunction whereby directing the defendant to remove all his belongings from the portion of the property bearing No.205, AGCR Enclave, Delhi;

(b) A decree in favour of the plaintiff and against the defendant for a sum of Rs.50,000/- per month for illegally occupying the suit property bearing No.205, AGCR Enclave, Delhi w.e.f. from the date of the filing of the suit till realization along with pendentelite and future interest @ 18% per annum for illegally occupying and trespassing the suit premises in the interest of justice and equity;

(c) A decree of permanent injunction in favour of the plaintiff and against the defendants whereby permanent restraining the defendants for creating any third party interest in the said suit property and further permanently restraining them to part with the possession of the suit property and further permanently restraining the defendant from interfering with the peaceful possession of the plaintiff in the suit property.

2. Plaintiff Smt.Promila Gulati, daughter of late Sh.K.B. Midha, wife of Sh.Amrit Gulati, claims herself to be the absolute owner of the suit property bearing No.205, AGCR Enclave, Delhi-110092 by virtue of various title documents such as Gift Deed dated 3rd September, 1984 duly registered at the office of the Registrar executed by late Sh.K.B. Midha son of late Sh.Hans Raj, who was residing at 65/74, Rohtak Road, New Delhi-110005.

3. The suit property is in possession of the plaintiff which consists of ground floor, first floor, second floor and open terrace. The plaintiff is regularly paying the house tax of the said property to the local authority and under the record of the mutation the name of the plaintiff is recorded. The site plan of the built up property is annexed with the present plaint.

4. The defendant is the brother of the husband of the plaintiff (who is the sister-in-law of the defendant). The defendant is under the possession of first, second and mezzanine floor which is located between first and second floor of the said property. The defendant used the said property for his residential purpose. The plaintiff says that due to relation she has allowed the defendant to use the said portion for residential purposes without any consideration and the status of the defendant in the said property is of a licensee. The said licence was orally terminated in 2009 and on 3rd May, 2010 through notice the plaintiff communicated the defendant about the termination of the said licence. The plaintiff is residing on the ground floor of the said property with her husband i.e. Sh.Amrit Gulati and two sons namely Gaurav Gulati and Sitish Gulati. The son of the plaintiff Mr.Gaurav Gulati is married and has been blessed with one daughter and due to the extension of the family of the plaintiff the space on the ground floor has squeezed. There is no sufficient accommodation available with the plaintiff to make arrangement for the plaintiff and her family members. It is stated by the plaintiff that the defendant was requested to remove his articles from the portion who on one pretext or the other without any legal rights, is not removing the same despite of termination of licence. It is specifically alleged that the defendant has his own property bearing No.1/60, Subhash Nagar, New Delhi which is sufficient accommodation for the family members of the defendant. Due to the said act of the defendant, the plaintiff had no other alternative but to file the present suit.

5. The suit was contested by the defendant who has filed the detailed written statement. Various defences are taken in the written statement. In the preliminary objections raised in the written statement it is stated that there is no proper plaint before this Court. In order to avoid the p