Sanjeev Sachdeva, J.

1. The Plaintiff has filed the present suit for recovery of a sum of Rs.7,16,66,666/- (Rupees seven crores sixteen lakhs sixty six thousand six hundred and sixty six only) being one-third share of 50% of the undivided share left behind by her father late Sh. Prem Mehra in residential property being No. 208, Golf Links, New Delhi, (hereinafter referred to as the suit property).

2. Plaintiff and Defendant No. 2 are sisters and the daughters of Defendant No. 1, Mrs. Promila Mehra and Late Mr. Prem Mehra. The grandfather of the Plaintiff Mr. Harbans Lal Mehra was allotted the above residential plot by virtue of a perpetual lease deed dated 24.10.1961. The grandfather constructed a residential house and structure on the said plot. The grandfather died on 27.04.1988 and left behind his Will dated 22.04.1988 whereby the property was bequeathed in favour of his wife Mrs. Sushila Devi Mehra. Mrs. Sushila Devi Mehra expired on 11.11.1989 and by virtue of her Will dated 10.05.1988 followed by a codicil dated 18.05.1988 she bequeathed the said property to her sons Mr. Joginder Kumar Mehra and Mr. Prem Mehra (father of Plaintiff and Defendant No. 2).

3. Mr. Prem Mehra, thus, became an owner of 50% undivided share of the above said property along with his brother. Mr. Prem Mehra died on 30.06.1997 intestate leaving behind his wife (Defendant No. 1), Plaintiff and Defendant No. 2, his only two daughters. The parties, thus, succeeded to the 50% undivided share of Mr. Prem Mehra equally. Disputes arose between Mr. Joginder Kumar Mehra, the uncle of the Plaintiff and the parties to this suit and, accordingly, the parties hereto filed a suit for injunction in this Court being CS(OS) 241/2004. The suit culminated into a settlement and, accordingly, a memorandum of family settlement dated 23.8.2004 was recorded and the suit was decreed on the basis of the family settlement. Pursuant to the family settlement and the compromise decree, the property was mutated in the name of Mr. Joginder Kumar Mehra and Mrs. Promila Mehra, (Defendant No. 1) The property was subsequently converted from leasehold to freehold and a conveyance deed dated 08.04.2008 was executed.

4. In Execution petition No.181/2006 filed by Mr. Joginder Kumar Mehra, the property was sold by way of auction for a total consideration of Rs. 43,00,00,000/- (Rupees Forty Three Crores Only). As per Plaintiff, since the 50% share belonged to the parties to the present suit. Rs. 21,50,00,000/- (Rupees twenty one crores and fifty lakhs only) fell to the share of the Plaintiff, Defendant No. 1 and Defendant No. 2. The Plaintiff consequently filed the present suit for recovery of her 1/3rd share of the 50% of the sale consideration received by Defendant No. 1 being Rs. 7,16,66,666/- (Rupees seven crores sixteen lakhs sixty six thousand six hundred and sixty six only).

5. The Defendants have filed a joint Written Statement wherein they take a stand that Defendant No.1 had spent her entire married life in the suit property and as she had no other accommodation, consequent to the handing over of the possession of the property to the purchaser, Defendant No.1 was residing with family friends and at rented lodgings. The Defendants have further contended that she was constraint to sell the property on account of insistence of Mr. Joginder Kumar Mehra. The Defendants have relied on the family settlement recorded in the memorandum of family settlement dated 23.08.2004 to contend that Defendant No.1 was to be substituted as the co-owner of the property along with Mr. Joginder Kumar Mehra and the property was to be put to sale and Defendant No.1 was to receive the 50% share of the sale consideration. As per the Defendants, the said arrangement was arrived at to ensure that Defendant No.1 was able to acquire an alternative accommodation at par with or close to the nature of the residence she had been living in, i.e., the suit property. As per the Defendants, the names of the Plainti