Manmohan Singh, J.

1. The plaintiff has filed the present suit against nine defendants. The plaintiff is unmarried daughter of Late Sardar Harnam Singh Anand and Late Smt. Harbans Kaur seeking inter-alia the following prayer:-

(a) Pass a decree of declaration that the suit property being property No. 4-C/7, New Rohtak Road, New Delhi is the joint undivided family property of the plaintiff and defendants No. 3 to 9 belonging to and being the successors of Late Sardar Harnam Singh and Smt. Harbans Kaur and that defendants No. 1 & 2 have no right/interest/title upon or to the said property.

(b) Grant a decree of declaration whereby declaring purported sale deed dated 23rd August, 1969 alleged to have been executed by Smt. Harbans Kaur through her alleged attorney in favour of Mrs. Tej Kaur as fictitious, sham, incompetent, bad, illegal, nullity and void ab initio in law. Orders be passed for cancellation of alleged sale deed.

(c) Grant a decree of declaration whereby declaring the purported sale deed dated 12th October, 1995 by Smt. Tej Kaur in favour of defendant No. 2 as fictitious, sham, incompetent, bad, illegal, nullity and void ab initio in law.

(d) Pass a decree of permanent injunction restraining the defendants. No. 1 and 2, their agents, nominees, successors, assigns, representatives etc. from raising construction/additions/alteration, entering into any agreement to sell, creating any third party rights interest, claims, or partying with possession thereof in respect of any portion of the suit property comprising of 2 ½ storey residential building constructed on Plot No. 4-C/7, New Rohtak Road, New Delhi.

(e) Conduct an inquiry to determine the amount of damages/mesne profits payable and admissible for usage of suit property from date of its use to date of delivery of vacant peaceful possession thereof unto the plaintiff and plaintiff shall pay necessary Court fee on quantification of the amount pursuant to the inquiry.

(f) Permit the plaintiff to add/amend and claim further and additional relief under Order 2 Rule 2 of CPC.

(g) Award cost of the suit in favour of the plaintiffs and against the defendants.

(h) Pass such further order or orders as this Hon’ble Court may deem fit and proper and in interest of justice.

2. The defendant Nos. 3 to 5 and 9 and the plaintiff are the real brother and sisters and sons/daughters of Late Sardar Harnam Singh Anand and Late Smt. Harbans Kaur who died on 23rd September, 1974 and 6th August, 2005 respectively. The defendant No. 1 is the real brother of Late Smt. Harbans Kaur and maternal uncle of the plaintiff and defendant No. 3 to 5 & 9. The defendant No. 2 is the son of defendant No. 1 and is maternal brother of the plaintiff and defendants No. 3 to 5 and 9. The defendant No. 6 is the wife of late Shri Kultaran Singh/brother of plaintiff and the defendants No. 7 & 8 are the sons of defendant of 6 and Late Shri Kultaran Singh who died in the year 2003 in Iran.

3. Brief facts of the case as per plaint are:-

(i) Late Sardar Harnam Singh Anand prior to and at the time of his sad demise on 23rd September, 1974 was having various successful and prosperous Joint Hindu Family business and establishments both in India and in Iran and had purchased various properties including in the name of his wife Smt. Harbans Kaur in India. Plaintiff and the defendants No. 3 to 9 being successors-in-interest were entitled to their respective shares therein under the law of succession. The plaintiff and the defendants No. 3 to 5 and 9 including Late Sh. Kultaran Singh were quite of young age and along with their mother late Smt. Harbans Kaur were not able to manage/supervise and monitor the business and properties left behind by Late Sardar Harnam Singh Anand. There were various eviction petitions pending in respect to the suit property in the Competent Court at Delhi.

(ii) Father of Smt. Harbans Kaur (who the eldest i