VALMIKI J. MEHTA, J.

1. This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit, impugning the concurrent judgments of the courts below; of the trial court dated 20.12.2012 and the first appellate court dated 22.9.2016; by which the suit filed by the appellant/plaintiff for mandatory injunction against the defendant/Sh. Amaresh Ganguli to vacate the first floor of the property being House No.A-16, Chitranjan Park, Kalkaji, New Delhi admeasuring 320 sq. yds. and handover its possession to the appellant/plaintiff, has been dismissed. Appellant/plaintiff had also claimed mesne profits till the delivery of possession.

2. The facts of the case are that the appellant/plaintiff pleaded that he was the owner of the entire property A-16, Chitranjan Park, New Delhi (hereinafter referred to as the suit/subject property) and which was leased to him in terms of a lease deed dated 27.9.1976 by the Ministry of Rehabilitation, Government of India. It was pleaded by the appellant/plaintiff that he had constructed the ground floor portion and occupied the same with his family members and since when he is residing on the gr