S. Ravindra Bhat, J. (Open Court):--

1. The present appeal is filed against a decree dated 08.04.2004, which was drawn-up pursuant to an order of this Court in I.A. No. 7595/2004 in CS(OS) 90/2004. Before entering the details of that order, a background of the dispute between the parties is necessary. The plaintiff in CS(OS) 90/2004, and the appellant herein, is the sole registered owner of property bearing No. D-133, East of Kailash, New Delhi (hereinafter “the property in question”), which was given as a perpetual lease by the President of India through a deed dated 27.10.1973, for a sum of Rs. 48,000/-, registered in the Office of the Sub-Registrar, Delhi on 09.01.1974. This property comprises a ground floor, first floor, mezzanine and second floor. While the plaintiff is in possession of the ground floor, the first floor is occupied by the first defendant, his brother, along with his wife, Mrs. Veena Kathuria, and their two sons, Mr. Amit Kathuria and Arjun Kathuria.

2. The plaintiff claimed that since his brother, Krishan Kumar Kathuria, the first defendant was a bachelor and had no reasonable residential accommodation in the year 1976, the plaintiff permitted him (i.e. his brot

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