- (1.)Appeal stands admitted. The record has been received.
(2.)This is defendants' appeal under section 96 of Code of Civil Procedure against the original judgment and decree dated 3rd March, 2012 passed in O.S. No.57 of 1999 whereby the suit for recovery of possession by evicting the defendants and for recovery of damages @ Rs.3,000/- per month has been decreed.
(3.)Satya Prakash Goel, the plaintiff, instituted the aforesaid suit in respect of the property known as 2/1406/214, Chandra Nagar, Saharanpur. Indisputably, the plaintiff respondent (hereinafter referred to as the plaintiff) is the owner thereof. The suit was filed against Ajai Goel, Vinay Goel sons of Chandra Prakash Goel and Chandra Prakash Goel (hereinafter referred to as the defendants). The parties are closely related with each other. Satya Prakash Goel, the plaintiff and Chandra Prakash Goel who is the defendant no.3, are brothers and Ajai Goel and Vinay Goel, the defendant nos. 1 and 2 are nephews of the plaintiff.