Vipin Sanghi, J.

I.A. No. 1190/2016

1. This application has been preferred by the plaintiff under Order 12 Rule 6 CPC for passing of decree on the basis of admission. The plaintiffs have filed the present suit to seek the relief of possession and mesne profits/ damages from the defendant in respect of the suit property, i.e. flat having three floors with lawn and terrace and four servant quarters in property no.27, Rajpur, Delhi as shown in red colour in the site plan filed with the plaint. The plaintiffs have also claimed damages @ Rs.2 lacs per month along with interest @ 15% p.a. against the defendant towards use and occupation charges in respect of the suit property from the date of filing of the suit till possession.

2. The case of the plaintiffs in the plaint is that the suit property was owned by their mother late Smt. Nirmal Satyendra Singh and she had spent most of her time in the said property. The plaintiff no.1 is settled in U.K. and plaintiff no.2 is settled in Canada for the last more than 44 years. The father of the plaintiffs had also settled in Canada in the year 1968. The plaintiffs state that their mother, namely, late Smt. Nirmal Satyendra Singh refused t