Mr. Amit Rawal J. (Oral):- Notice of motion.

2. Mr. Anupam Bhardwaj, Advocate, who is present in Court, accepts notice on behalf of the caveator-respondent(s).

3. The present Regular Second Appeal at the instance of appellant-defendant no.1 is directed against the judgment and decree of the Lower Appellate Court, whereby, suit filed by the respondent/plaintiff-Piara Lal (since deceased), dismissed by the trial Court, has been decreed.

4. Piara Lal, father of the appellant sought indulgence of the trial Court by invoking the provisions of Section 39 of Specific Relief Act, 1963 (hereinafter referred to as “1963 Act”) for issuance of mandatory injunction for handing over the possession of the premises described in the plaint by branding and conferring the status upon his son as licensee.

5. The defendants opposed the suit and claimed the suit property to be ancestral and therefore, status was not of licensee and suit ex facie was not maintainable. The trial Court, as noticed above, dismissed the suit but the Lower Appellate Court, decreed the suit.

6. Mr. Sarju Puri, learned counsel appearing on behalf of the appellant-defendant no.1 submitted that Piara Lal, two months afte