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4. The facts of the case are that respondent no.1/plaintiff filed the subject suit for possession and mesne profits with respect to part of the property bearing no.WZ-5 admeasuring 700 sq. yards situated at Lal Dora of Village Titar Pur, Delhi pleading to be its owner and that appellants/defendants had no right, title and interest with respect to the suit property. In the plaint, it was pleaded that one Sh. Sumer Chand was a tenant with respect to two rooms and a shed in the suit property and as per the request of Sh. Sumer Chand, the tenancy of rooms and shed was changed in the name of Sh. Ram Kishan husband of Smt. Murti Devi/appellant no.2/defendant no.2 and one Sh. Tilak Raj. Sh. Ram Kishan was a tenant with respect to one room admeasuring 16x10 and Sh. Tilak Raj was a tenant with respect to a room admeasuring 10x8 and shed measuring 8x8. On the death of Sh. Ram Kishan his wife Smt. Murti Devi/appellant no.2/defendant no.2 became the tenant with respect to the portion with Sh. Ram Kishan. Sh. Tilak Raj also expired and his tenancy devolved upon his son. Smt. Murti Devi/appellant no.2/defendant no.2 illegally constructed a temporary kitchen and a toilet and also a temporary chappar in the vacant land in front of the tenanted premises and which is the suit property. The illegally encroached portion comprising of temporary construction was razed in a fire and when the appellant no.2/defendant no.2 after again making the construction wanted to transfer the property to a third person, then the respondent no.1/plaintiff filed a suit in which it transpired that appellant no.2/defendant no.2 had transferred the property in favour of appellant no.1/defendant no.1/Sh. Vinod Kumar. Respondent no.1/plaintiff also pleaded to have filed the eviction petition against the appellant no.2/defendant no.2/Smt. Murti Devi and appellant no.1/defendant no.1/Sh. Vinod Kumar. Appellant no.1/defendant no.1/Sh. Vinod Kumar is pleaded to have illegally occupied the suit property shown in blue colour in the site plan and hence the subject suit was filed.