1. Regular First Appeal from the Original Side has been filed by the two appellants namely Vimal Khanna and Simmi Khanna against the Order and Judgment dated 6th August, 2009 passed by the learned Single Judge in CS (OS) No. 1162/2007 wherein the application filed by the respondent under Order XII Rule 6 read with Section 151 of Code of Civil Procedure being F.A. No. 15614/2008 was allowed by decreeing the suit of the Respondent. The appellants were given one month's time to vacate the Ground Floor of the suit property bearing No. AE-95, Shalimar Bagh, Delhi and hand over peaceful possession thereof to the respondent.

2. The brief facts of the matter before the learned Single Judge in the suit for possession, injunction and mesne profit filed by the respondent are that the respondent is a senior citizen aged about 76 years. The appellant Nos. 1 and 2 are the son and daughter-in-law respectively of the respondent.

3. The respondent was allotted a plot by the DDA measuring 200 square yards in the year 1982. The entire consideration for the purchase of the said plot was paid by the respondent from his own earning and sources. Subsequently the respondent applied for conversion of his lease hold rights in the plot to free hold, on payment of conversion charges, and the DDA issued a Conveyance Deed in favour of the respondent.

4. The respondent has two sons and three daughters. All the children are married. The respondent and his wife Smt. Prem Lata Khanna are residing on the First Floor of the suit property, their elder son Mr. Kamal and his family are in possession of the Second Floor whereas appellants Vimal Khanna and Smt. Simmi Khanna are residing on the Ground Floor of the premises in question.

5. It was also stated in the plaint that the appellant No. 1 as well as the elder son of the respondent have their own flats situated at Shri Sai Baba Group Housing Cooperative Society, Sector-9, Rohini, Delhi which were purchased by the two sons with the financial assistance of the respondent. The appellant No. 1 got married with appellant No. 2 in the year 1985.

6. Out of love and affection, the appellants were permitted to occupy the Ground Floor of the house. It was stated in the plaint that the conduct of the appellants had become extremely distrurbing and the appellants required the respondent to execute a Release/Relinquishment Deed in respect of the suit property to the respondent.

7. Because of the hostile activities of the appellants, the respondent was compelled to disown the appellant No. 1 for which public notice was published way back in March, 2005. However, due to intervention of common friends and relatives, an undertaking was given by the appellants to maintain peace in the family and subsequently, they were permitted to continue residing in the suit property.

8. Further, the case of the respondent was that the appellants in fact had openly threatened the respondent that in case he did not execute a Deed of Release for the property in their favour, they would cause grievous injury to the respondent and there were various instances/acts alleged as regards the bad behaviour and harassment meted out by the appellants vis-à-vis the respondent.

9. It was also stated that the respondent as well as his wife are suffering from ailments including arthritis and are unable to climb stairs and thus requested the appellants to let them reside on the ground floor of the suit property. However, the appellants declined the said request. Therefore, the suit for possession/injunction and mesne profit was filed by the respondent against the appellants for eviction of the latter from the Ground Floor of the suit property.

10. After filing of the Written Statement by the appellants, the respondent filed the application under Order XII Rule 6 of Code of Civil Procedure for passing a decree on the basis of admission made by the appellants. The learned Single Judge allowed the application by the Order/Judgment dated 6th August, 200