Valmiki J. Mehta, J.

1. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the judgment of the Trial Court dated 30.11.2011 by which the trial court has dismissed the suit for possession and mesne profits. Suit was originally filed by Smt. Shilawanti the mother of the two defendants. On the death of the original plaintiff, Smt. Shilawanti, her one other son Sh. Amarjeet Singh i.e the present appellant, was substituted in place of Smt. Shilawanti on an application being filed by him for his substitution, and which application for substitution was allowed on account of a Gift Deed dated 23.10.1998 (registered on 17.11.1998) executed by Smt. Shilawanti in favour of the present appellant Sh. Amarjeet Singh. It is also required to be noted that suit as originally filed by Smt. Shilawanti was through her husband and power of attorney holder Sh. Arjan Singh. The two respondents/defendants, namely Sh. S. Kuldeep Singh and Sh. Gurbachan Singh, are the sons of the original plaintiff Smt. Shilawanti and Sh. Arjan Singh. The present appellant Sh. Amarjeet Singh, the other son of Smt. Shilawanti, is thus