( 1 ) THE plaintiff has filed the suit for mandatory and permanent injunction against the defendants. The dispute relates to the ground floor and the basement of premises bearing No. 9. Western Avenue, Maharani Bagh, New Delhi. The case of the plaintiff is that with reference to the land, a perpetual lease deed was executed in favour of the plaintiff by the Society in which the plaintiff was a member on 11. 01. 1982. The plaintiff is residing at No. 3, Pusa Road, New Delhi. The defendant No. 1 is the elder sister of the plaintiff. The defendant No. 1 was residing in No. 4, Ring Road, Kilokri, New Delhi, which is very near to the suit land. Husband of the first defendant died in 1982. After the death of her husband the first defendant started living with her daughter Mrs. Priya Gupta who was married in 1994 at E-279, East of Kailash, New Delhi. The plaintiff applied for sanctioning of the plan and the plan was sanctioned on 28. 10. 1994. The plaintiff started construction as per the plan sanctioned by the authority in or about November/december 1994. A basement, ground floor, first floor and Barsati floor had been put up. The C form was granted on 23. 09. 1995 and D form was granted on 09. 10. 1995. As the suit property is situated nearest to ring road, the plaintiff was getting help from the first defendant in supervising the work and keys of the premises were left with the first defendant by the persons who were entrusted with the construction of the work.

( 2 ) ON 18. 12. 1995, when the plaintiff went to the premises and he wanted the keys from the first defendant the first defendant refused to hand over the keys stating that she had occupied the ground floor and the basement. The plaintiff, therefore, had to file the suit for injunction.

( 3 ) THE first defendant Mrs. Kusum Sanghi filed her written statement on 14. 03. 1996. In the preliminary submissions the first defendant stated thus: Para 7. In the year 1981-82 late Mr. O. P. Sanghi, the husband of the defendant herein mentioned to Shri Jai Kishan Das that an opportunity is available to invest to a residential plot of land at Maharani Bagh, New Delhi. In para 8 it is stated thus: 8. Shri Jai Kishan Das then expressed his desire that the plot of land be acquired partly for the benefit of his son, the plaintiff herein and partly for the benefit of the children of the defendant herein to vest in them when they attain majority. In paras 9, 10, 11 and 14 it is stated thus: 9. Pursuant to the above, a plot of land being 9 Western Avenue, Maharani Bagh was applied for in the name of the plaintiff herein with an understanding that Shri Jai Kishan Das will designate one of the children of the defendant to be the beneficiary of 1`/2 share in the said property and balance 1/2 share to go to the benefit of the plaintiff herein. 10. The plaintiff was, therefore, a trustee of the property being Plot No. 9 Western Avenue, Maharani Bagh, New Delhi, acquired in 1982 in his name to the effect that 1/2 share in the property would be given by the plaintiff to the children of the defendant as Shri Jai Kishan Das may designate. 11. In connection with the above the defendant herein arranged to pay Rs. 8000. 00 to Shri Jai Kishan Das out of the money belonging to her daughter Ms. Priya Sanghi (now Ms. Priya Gupta) (hereinafter REFERRED TO to as Ms `priya ) who was a minor at that time. 14. Ms. Priya daughter, of the defendant, became a major on 27. 01. 1988. At a family gathering immediately after 27. 01. 1988 Shri Jai Kishan Das and the plaintiff herein, in the presence of other near relatives, declared that 1/2 share in the property at 9 Western Avenue, Maharani Bagh, New Delhi, is being held in Trust by plaintiff herein and the same shall thereafter continue to be held in Trust for the benefit of Ms. Priya. The plaintiff and the said Jai Kishan Das also declared that Ms. Priya will be entitled to construct a residential building first against her share and thereafter the p