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26. Clause 4 (a) of the perpetual lease deed further stipulates that the lessee was not allowed to sell/ transfer/ assign or otherwise part with the possession of the whole or any part of the residential plot except with the previous consent in writing of the lesser.

27. It is also the case of the plaintiff that he started construction over the said plot out of his own funds,which was completed in the year 1975-76. Considering the fact that he had made his brother late Sardar Surender Singh the co-owner, he got the property constructed in such a way that there are two separate portions, each containing a drawing room, two bedrooms, one bathroom, a kitchen and a common entrance under the staircase leading to the roof. Besides this, there are open spaces on the front and rear sides of the plot, an entrance/driveway on one side of the plot and a common courtyard/verandah between both portions. On completion of the construction, the plaintiff claims to have started residing in the suit property along with his entire family, including parents, three younger brothers and sister before the family members gradually shifted to their respective places. The plaintiff asserts that in 1981, as per mutually settled and agreed terms, the defendant occupied the portion Marked Green and the plaintiff occupied the front portion Marked Red in the annexed site plan.