Sham Sunder, J.

1. This Regular Second Appeal is directed against the judgment and decree dated 17.09.2003, rendered by the Court of Additional District Judge, Sonepat, vide which it accepted the appeal against the judgment and decree dated 17.02.2003, rendered by the Court of Civil Judge (Junior Division), Sonepat.

2. Shorn off unnecessary details, the facts relevant for the decision of the case, are that the house, in dispute, as fully detailed, in the plaint, was purchased by Bal Kishan, father of the parties, vide registered sale deed dated 16.10.1958. He executed a Will dated 06.12.1988 be queathing the house, in dispute, in favour of the plaintiff (now appellant). It was stated that after the death of Bal Kishan, the plaintiff (now appellant) became the owner of the house, in dispute. It was further stated that the defendant (now respondent) was living in a portion of the house. It was further stated that the defendant was many a time, asked to hand over the possession of a portion of the house, which he was occupying, but to no avail. On his final refusal, left with no alternative, a suit for possession, was filed.

3. The defendant, put in appearance, and con