Indermeet Kaur, J.

1. This appeal has impugned the judgment and decree dated 02.01.2004 which had reversed the findings of the trial Judge dated 18.09.1995. Vide the judgment and decree dated 18.09.1995, the suit filed by the plaintiff Jai Chand seeking possession of the suit property i.e. property bearing Plot No. G-36, Shakarpur, Shahdara Delhi measuring 100 square yards had been dismissed. Vide the judgment and decree dated 02.01.2004, this finding was reversed; the suit of the plaintiff stood decreed.

2. The factual matrix is as follows:-

(i) The plaintiff claimed to be the owner of the aforenoted suit premises. He had purchased it vide sale deed dated 14.08.1985 (Ex. PW-1/2). The possession of the plot had been delivered to him. He had constructed one room along with a kitchen.

(ii) Defendant sometime in the year 1980 had tress-passed into the suit property and raised an unauthorized construction therein. Inspite of requests, the defendant had failed to deliver the vacant possession of the suit land to the plaintiff. Suit was accordingly filed.

(iii) In the written statement, the preliminary objection was that the suit has not been properly valued for the purpose of court fee and j