JUDGMENT

Yogesh Khanna, J. - This appeal is preferred by the appellants against the judgment and decree dated 30.09.2014 passed by the learned Additional District Judge-VI, South District, Saket Courts, New Delhi (hereinafter referred as the learned ''Trial Court) in CS No.242/2014 whereby the suit for declaration, eviction, possession, perpetual/permanent injunction and mesne profits to the tune of Rs.25,000/- with interest filed by appellants against respondents was dismissed post trial.

2. The brief facts as alleged by the appellants are in the year 1954 a property bearing No. Q-22, Jungpura Extension, New Delhi was allotted in the name of Hukum Singh, under the rehabilitation scheme, after the partition of the Country. It was alleged Hukum Singh was the principal purchaser /lessee of the Government of India and he partitioned the property in two portions i.e. Q22A and Q22B, and gave portion Q-22B to his brother Harnam Singh - under a family arrangement. The pedigree of the both the brothers; Harnam Singh and Hukum Singh is as under:-

3. It is alleged Smt.Angoor Kaur died intestate and issueless as such the property devolved upon her legal heirs viz Smt.Ram Kaur, Smt.Jeet Kaur (sisters) and Sh.Sardool Singh and Harjeet Singh, the appellants herein and after her death they came in the possession of the whole property bearing No.Q-22, Jungpura Extension, New Delhi. It is alleged in the year 1995 both the sisters namely Smt.Ram Kaur and Smt.Jeet Kaur had relinquished their shares in property bearing No.Q-22 A in favour of their brothers namely Sardool Singh and Harjeet Singh and on 23.06.2009 i.e. after the death of Smt.Angoor Kaur, a family settlement was entered into between these brothers and sisters and the sisters rather had relinquished their shares in property No.Q-22B in favour of their brothers viz appellants herein. Hence, the entire property is thus owned by the appellants.

4. It is alleged the respondents No.l & 2 used to take care of Smt.Angoor Kaur and they got executed documents viz General Power of Attorney, Agreement to Sell etc forging the thumb impression/ signatures of Smt.Angoor Kaur to create right/ interest in property No.Q-22B (supra) and such documents are all forged documents and need to be declared as null and void. Hence, this suit was filed for declaration thereby holding the plaintiffs / appellants as absolute owners of the property No.Q-22B, Jungpura Extension, Delhi and to declare the documents viz GPA, ATS, Will, Affidavit, Undertakings / Conveyance Deed, Indemnity Bond etc in respect of the property allegedly executed by Smt.Angoor Kaur as null and void and further a decree of injunction restraining the defendants/ respondents to dispose of the property and to hand over its peaceful and vacant possession to the appellants thereinand to pass a decree of damages @ Rs. 50,000/- along with interest @ 18% per annum, as mesne profits was prayed.

5. The respondents No.l and 2 filed written statement wherein they alleged the respondent No.2 Smt.Jitender Kaur is an absolute owner of the subject property vide a conveyance deed, duly registered with the office of the Sub-Registrar, New Delhi per document at Sr.No. 14590 in Addl. Book No.l, Volume No.5405 on pages 101 to 103, and respondent No.l has nothing to do with the property. The defence of the respondents is specifically mentioned in para No.2 of their reply on merits (written statement) i.e. the respondent No.l was taken in adoption by late Smt.Angoor Kaur and this fact is rather mentioned in Will dated 14.05.1996 of Smt.Angoor Kaur and also in the GPA executed on the same date. Both the Will and GPA were got registered by Smt.Angoor Kaur and during her lifetime the conveyance deed was executed by the L & DO in favour of the respondent No.2 herein. The documents viz GPA/ Will etc were executed before the Sub-Registrar and alleged forgery was never proved by the appellants herein.

6. It is alleged the subject property was actually owned by Smt.Angoo