Prathiba M. Singh, J.

1. Late Sh. Ram Singh Maini (hereinafter Plaintiff) filed a suit of mandatory injunction against his son Sh. Harjeet Singh Maini (hereinafter Defendant) in respect of the First Floor of property bearing no. A-266, New Friends Colony, New Delhi. The said suit was decreed by the Trial Court on 23rd August, 2016 in the following terms :

“23. Plaintiff is entitled for decree of mandatory injunction against the defendant and defendant is directed to remove all his belongings from the suit property i.e. first floor of property bearing no. A-266, New Friends Colony, New Delhi and to grant the possession of the premises in dispute to the plaintiff as shown in red in the site plan annexed with.”

2. This suit was instituted on 29th October, 2001. The case in the plaint is that the Plaintiff was a sub-lessee being a member of the New Friends House Building Co-operative Society Ltd. which was the lessee of the said plot of land. A perpetual lease deed was executed in favour of the Plaintiff upon which the Plaintiff raised a three storeyed building. The Plaintiff got the leasehold property converted into freehold. According to the plaint, he had allowed the Defendan