MEERA JAIN Vs. SUNDARI DEVI GARG

JUDGEMENT

(1.) THE Plaintiffs have filed the present suit for permanent and mandatory injunction. The property in dispute is property No. A ­ 1/66, Safdarjung Enclave, New Delhi. The said property was owned by Late Mr. Banwari Lal Garg. After the death of Mr. Banwari Lal Garg, the property devolved upon the legal heirs, i.e., the parties to the suit. The Defendant No. 1 is the wife of Late Mr. Banwari Lal Garg and the Plaintiffs and Defendant No.

(2.) ARE real sisters and the daughters of Defendant No. 1 and Late Mr. Banwari Lal Garg. Mr. Banwari Lal Garg expired on 19th February, 2008. 2. As per the Plaintiff, after the death of Late Mr. Banwari Lal Garg with a view to arrive at an amicable settlement, the parties to the suit entered into a family settlement which was recorded in memorandum of family settlement deed dated 12 th March, 2008. In terms of memorandum of family settlement, Defendant No. 1 (the mother) had the right to reside on the ground floor of the suit property and enjoy the rental income from the second floor portion during her lifetime. Plaintiff No. 2 was to be the absolute and exclusive owner of Ground floor portion of the suit property and Plaintiff No. 1 was to be the absolute and exclusive owner of the second floor of the suit property and the Defendant No. 2 was to be the absolute owner of the first floor. The drive way, roof/terrace, servant quarter and any other common area/space is under the joint ownership of all the original heirs of late Mr. Banwari Lal Garg. As per the Plaintiffs, the memorandum of family settlement has been accepted and acted upon by the parties.

(3.) THE Plaintiffs issued a legal notice dated 22.07.2013 informing Defendant No. 2 about the revocation of the power of attorney and to cease and desist from raising any unauthorised construction on the terrace of the second floor. As per the Plaintiffs the said terrace of the second floor on which the construction was being raised is a joint property and the Defendants could not have raised construction over the same without obtaining 'No objection' from the Plaintiffs. In these circumstances, the Plaintiffs have filed the present suit seeking permanent injunction against the Defendant from dealing with the property in a manner violating the provisions of memorandum of family settlement and for a mandatory injunction for demolition of the construct raised and for the cancellation of the sanction and approval by Defendant No. 3 for construction of the third floor portion.