SHIV NARAYAN DHINGRA J.

1. This suit has been filed by the plaintiff for specific performance of an agreement to sell dated 15th May 2007 in respect of a land measuring 12 bighas and 10 biswas, Village Sultanpur, Mehrauli and for cancellation of a gift deed dated 23th March 2007 executed by defendant No.1 in favour of defendants No.2 and 3 in respect of the same land.

.2. Plaintiff is the father of defendant No.1 and defendant No.2 and 3 are the wife and son of defendant No.1. As per the facts stated in the plaint, the plaintiff and defendant No.1 were member of HUF comprising of plaintiff, his wife and three sons. An oral partition of the HUF property had taken place on 10th April, 2002 and a memo of oral partition was prepared and got registered on 9th May 2002. It is stated by the plaintiff that defendant No.1 became the absolute owner of agricultural land measuring 12 Bighas and 10 Biswas as described in the plaint after this partition and defendant No.1 separated from the joint residential property so as to maintain peace in the family. Defendant No.1 was allowed to stay in the residential house till he constructed new house. It is further stated that the agricultural land of

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