VINOD GOEL, J.

1. Challenge in this appeal is the impugned judgment and decree dated 29.08.2016 passed by the Court of learned Additional District Judge-03, (Central), Tis Hazari Courts, Delhi (in short "learned ADJ") in Civil Suit No. 16493/2016 (Old civil suit no. 63/2016) by which the suit of the respondent/plaintiff for possession of 3rd Floor of property No. 29/152, West Patel Nagar, New Delhi (as shown in red colour in the site plan Ex.PW-1/3) was decreed against his real brother who is the appellant/defendant. The learned ADJ has also restrained the appellant/defendant by a decree of permanent injunction from creating third party interest or parting with the possession of the suit premises in any manner.

2. The brief facts of the case are that the respondent/plaintiff claimed to be the owner of the entire property bearing no. 29/152, West Patel Nagar, New Delhi by virtue of a Gift Deed dated 10.10.1997 executed in his favour by his father late Nand Lal Khanduja, which was duly registered with the office of Sub-Registrar, Delhi. Admittedly, the suit property is consisting of ground floor, first floor, second floor and third floor. The respondent/plaintiff has also app