- (1.) This Regular Second Appeal impugns the concurrent judgments of the courts below; of the trial court dated 27.11.1999 and the first appellate court dated 21.9.2006; by which the suit of the appellants/plaintiffs seeking mandatory injunction, permanent injunction and damages/mesne profits against the defendants with respect to the suit property bearing No.WZ-430, Nanakpura, Hari Nagar, New Delhi has been dismissed.
(2.) The appellants/plaintiffs claimed that the suit property was owned by late Sh. Harjinder Singh (their predecessor-in-interest) husband of the appellant no.1/plaintiff no.1 and father of other appellants/plaintiffs and the said Sh. Harjinder Singh had granted a licence to the defendants to stay in the suit property. It was pleaded that licence was revoked by issuing of notice dated 23.12.1995 and thereafter the subject suit was filed. Defendants are the nephew (defendant no.1) and nephew's wife (defendant no.2) of late Sh. Harjinder Singh. Defendant no.1 is the son of Sh. Chanan Singh, brother of late Sh. Harjinder Singh.
(3.) The case of the respondents/defendants was that the suit property was not owned by late Sh. Harjinder Singh but was owned by Sh. Santa Singh, father of late Sh. Harjinder Singh and late Sh. Chanan Singh. It was pleaded that late Harjinder Singh after the death of Sh. Santa Singh wrongly/illegally got the property mutated in his name in the year 1989, however, illegal mutation cannot confer title. Suit was accordingly prayed to be dismissed.;