Rajiv Sahai Endlaw, J

1. The plaintiff has instituted this suit against the three defendants for the reliefs of, (a) recovery of possession of the entire basement, second floor and terrace floor of property No.5/30, Sarva Priya Vihar, New Delhi; and, (b) recovery of damages/mesne profits, pendente lite and future @ Rs.25,000/- per month, pleading:-

(i) the defendant no.1 is the widow, the defendant no.2 Ms. Tejswani Keshwani is the daughter and the defendant no.3 Master Dhruv Keshwani is the son of Shri Ravi Keshwani, the deceased son of the plaintiff;

(ii) that the husband of the plaintiff Shri L.H. Keshwani was the owner of property No.A-4, Mayfair Garden, Hauz Khas Enclave, New Delhi;

(ii) that the husband of the plaintiff Shri L.H. Keshwani died intestate on 31st August, 2008 leaving the plaintiff as his widow, the aforesaid Shri Ravi Keshwani (since deceased) as his son and another son Shri Sanjay Keshwani (who is not a party to this suit), as his only natural heirs;

(iii) that disputes arose between the plaintiff and her son Shri Sanjay Keshwani on the one hand and Shri Ravi Keshwani on the other hand over the division and enjoyment of the estate left by Shri L.H. Keshwani and assets of Shri L.H. Keshwani (HUF);

(iv) that the plaintiff and her son Shri Sanjay Keshwani filed CS(OS) No.984/2004 in this Court against Shri Ravi Keshwani for partition of the said estate/assets; (v) that a settlement was arrived at between the parties to the aforesaid suit and CS(OS) No.984/2004 was decreed on 6th April, 2005 in terms of the compromise;

(vi) as per the aforesaid compromise, the property at Mayfair Garden was agreed to be sold and the sale proceeds thereof divided equally;

(vii) that the Mayfair Garden property was sold vide Sale Deed dated 13th March, 2006 for a sale consideration of Rs.6,75,00,000/- which was received by the plaintiff and her sons Shri Sanjay Keshwani and Shri Ravi Keshwani in equal shares i.e. Rs.2,25,00,000/- each;

(viii) that the plaintiff, out of the sale consideration of her share, purchased property at Sarva Priya Vihar, vide registered Sale Deed dated 21st March, 2006, for a consideration of Rs.65,00,000/- and let out the first floor of the said property and herself occupied the rest thereof;

(ix) that soon thereafter Shri Ravi Keshwani and the defendant no.1 had marital discord and separated, with Shri Ravi Keshwani being left with two minor children i.e. defendants no.2&3 herein;

(x) that the plaintiff, in these circumstances allowed Shri Ravi Keshwani and his children defendants no.2&3 to temporarily shift to the second floor of the property at Sarva Priya Vihar, New Delhi;

(xi) that the defendant no.1 upon coming to know of the plaintiff having allowed Shri Ravi Keshwani and the children to occupy the second floor of the Sarva Priya Vihar house, came back and started living with Shri Ravi Keshwani;

(xii) that the defendant no.1 also put her locks on the basement and the terrace floor portion of the Sarva Priya Vihar property; and,

(xiii) that Shri Ravi Keshwani died on 17th November, 2007 but the defendants continued to live on the second floor of the property and continued to keep the basement and the terrace floor under their lock and key,

accordingly the suit for the reliefs aforesaid of recovery of possession and mesne profits has been filed.

2. Summons of the suit were issued and vide ex parte ad interim order dated 4th May, 2009 the defendants were restrained from transferring, parting with possession or otherwise creating third party rights in the basement, second and terrace floors of the property at Sarva Priya Vihar. Subsequently, vide order dated 27th July, 2009 the earlier ad interim order was made absolute till the decision of the suit and vide order dated 9th November, 2009 the defendant no.1 was appointed as the guardian of the defendants no.2&3. During the pendency of the suit certain other interim arrangements with respect to sharing of water and electricity bills of the premises were al