MANMOHAN SINGH, J.

1. The plaintiff has filed the present suit for partition and possession against nine defendants.

2. The defendants claim that defendant Nos.1 to 4 were the members/co-parceners of the HUF, Gajanand & Sons with Late Shri Gajanand being karta while defendant Nos.5 to 9 were the members/co-parceners of the HUF, Aggarwal & Sons with Arjun Prakash Aggarwal being the karta.

3. On 30.01.1967, a registered deed was prepared between the respective Kartas of both the families and a property being No.2, East Park Road, Karol Bagh, New Delhi110005 admeasuring 2400 sq.yards (hereinafter referred to as the suit property) was jointly purchased through Mrs. Rosy Gloria, the erstwhile owner of the said property. The said property was held by both the HUFs in equal proportions to the extent of 1200 sq yards each. The two HUFs were entitled to deal with their respective undivided shares.

4. Case of the Plaintiff

a) That on 08.04.1984, Gajanand & Sons got dissolved. The share of each member on the 1200 sq. yards was divided and defined amongst the members/co-parceners. A Family Memorandum dated 16.04.1984 was executed. A suit of declaration was filed on 06.08.1984 being Suit No. 151/1984 by Ashwani Kumar Aggarwal, S/o Gajanand against the others members of the HUF and a decree dated 31.10.1984 was passed whereby Akshay Kumar Aggarwal and Ravi Kumar Aggarwal were given 300 sq. yards each in the total 1200 sq. yards and Sh. Gajanand and Smt. Sarla Aggarwal got 150 sq yards each.

b) That on 16.12.1993, Shri Gajanand executed a Will whereby his share of 150 sq. yards had been given to his 3 sons in 3 equal shares. Shri Gajanand died on 08.02.1996 and as per his Will, the shares devolved upon his sons. Thus, Shri Ashwani Kumar Aggarwal who, in his own rights had got 300 sq. yards, got 50 sq. yards more from the 1/3rd share and hence, he became entitled to 350 sq yards.

c) That Ashwani Kumar Aggarwal, got separated from other family members of Gajanand & Sons and moved out of the main block and developed the property out of his own funds. Ashwani Kumar Aggarwal, vide Agreement to Sell dated 12.07.2007 sold his undivided share (350 sq. yards) to the plaintiff company and handed over possession to the plaintiff. A registered Sale Deed dated 24.12.2007 was executed between the parties, copy of the same has been filed by the plaintiff.

d) Later on, defendants Nos.1 to 3 also entered into a receipt cum Agreement to Sell dated 06.12.2008 with the plaintiff in respect to their respective shares totaling to 850 sq. yards in the suit property for a consideration of Rs.9 crores and also received a sum of Rs.91 lac as part consideration. But, the said members resiled from the agreement. The plaintiff company filed a suit, being CS (OS) NO. 902 of 2009, for specific performance of the agreement and the same is still pending before this Court. The balance amount of Rs.8.09 crores was deposited by the plaintiff in this Court pursuant to order passed on 25.05.2009. A further amount of Rs.1,44,87,844/-was deposited by plaintiff with DDA for conversion from leasehold to freehold.

e) The said HUF of Arjun Prakash Aggarwal was dissolved on 28.12.1992, the shares/interests of all the members/co-parceners were separated by means of a Memorandum of Family Arrangement dated 28.12.1992. After the dissolution of the HUF, the respective shares of the members (defendant Nos. 5 to 9 herein), were sold to the plaintiff company vide registered sale deed dated 07.04.2008. Thus, as per the case of the plaintiff company, it stepped into the shoes of the co-parceners of HUF Arjun Prakash Aggarwal & Sons.

5. The suit and the interim application were, first time, listed before Court on 02.11.2010 when the summons and notice were issued to the defendants. In the interim application, an order was passed restraining defendants No.1 to 3 from dispossessing the plaintiff from portion which is shown in „red in the attached site plan. The interim application was dis