( 1 ) BY this suit the plaintiff has prayed for declaratory decree against the defendant in terms of Oral settlement dated 9th March, 1999 which was reduced in writing by way of "memorandum" of Family Settlement on 10th April, 1999. The prayer clause describes respective shares in properties as under:-

A. PROPERTY IN THE SHARE OF THE PLAINTIFF. SHRI vijay KUMAR JAIN:- i) Half of the portion of the Ground Floor of the property No. C-5/34, Safdarjung Development area, New Delhi, alongwith Garage together with proportionate, undivided and undemaracted interest in the leasehold plot of land under such portion as shown green in site plan annexed hereto as "a-2". ii) Property at Delhi Agra High Way, 92 milestone, Village Karman, Hodal Barrier, Distt. Faridabad, Haryana (which was in the name of shri Sanjay Jain, Defendant) annexed hereto in the plan marked "a-3".

B. PROPERTY IN THE SHARE OF THE DEFENDANT. SHRI sanjay JAIN:- i) Half of the portion of the Ground Floor of the property No. C-5/34, Safdarjung Development area, New Delhi, together with proportionate, undivided and undemaracted interest in the leasehold plot of land under such portion as shown red in site plan annex