Prathiba M. Singh, J.

1. Vide the impugned judgment and decree dated 3rd November, 2016, the suit for possession filed by Sh. Abdul Gaffar (hereinafter “Plaintiff’) has been decreed by the Trial Court. The present appeal impugns the same.

2. Sh. Abdul Gaffar filed a suit seeking decree of possession and damages/mesne profits in respect of First Floor of property bearing no. D-53/3A, Gali No.18, Chauhan Bangar, Seelampur, Delhi-110053 (hereinafter ‘suit property’) against his brothers Sh. Abdul Waqar and Sh. Nawab Ahmed. It is the case of the Plaintiff that he purchased the entire property of 150 sq. yards from the previous owner on 12th September, 1979. It is pleaded that both the brothers are living in the First Floor of the property as licensees. He terminated the license vide notice dated 17th July, 2009, but since the Defendants refused to vacate the premises, he filed the suit for possession. In the plaint it was averred that the Defendants had earlier filed two suits for injunction being 123/2009 which was dismissed on 13th May, 2009 and 191/2009 in 13th July, 2009.

3. In the Written Statement, the Defendants averred that the Plaintiff is not a resident of the suit pro