VALMIKI J. MEHTA, J.

1. This Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is filed by the legal heir of the plaintiff Sh. Sarwan Singh impugning the concurrent judgments of the courts below; of the Trial Court dated 10.4.2008 and the First Appellate Court dated 29.1.2016; by which the suit for possession and damages filed by the plaintiff has been dismissed. Since the plaintiff expired pendente lite and was now substituted by his legal heir, reference to the appellant/plaintiff as per the context will be reference to the present legal heir or the original plaintiff.

2. The subject suit for possession and damages was filed by the appellant/plaintiff for possession of a portion of flat bearing no.C-3/132, Plot no.25, Saraswati Kunj, Patparganj, IP Extension, Delhi. The suit flat comprises of three bed rooms, two bathrooms, one drawing room, balcony and kitchen. The portion in occupation of the defendants/respondents was shown as in blue color in the site plan filed with the plaint. The respondent no.1/defendant no.1 is the son of the original plaintiff and the respondent no.2/defendant no.2 is the wife of the respondent no.1/defendant no.1 i.