Prathiba M. Singh, J.

1. Late Shri Jiwan Dass Batra and Smt. Krishna Batra are the parents of the Appellant and the Respondent No.1 and Respondent No.2. Harish Kumar Batra/Respondent No.1/Plaintiff (hereinafter, ‘Plaintiff’) filed a suit for declaration, permanent injunction and in alternate, for partition and possession against his brothers Devender Kumar Batra/ Respondent No.2/Defendant No.1 (hereinafter, ‘D1’), Satish Kumar Batra/Appellant/ Defendant No.2 (hereinafter, ‘D2’) and Sabina Maini/Respondent No.3/Defendant No.3 (hereinafter, ‘D3’).

2. Father of the parties was the owner of property bearing No.20 Sector, 16A, Chandigarh, a residential house (hereinafter, ‘Chandigarh property’). Mother of the parties was the owner of property No.61, Old Gupta Colony, Delhi (hereinafter, ‘Delhi property’).

Plaintiff's case

3. Plaintiff submits that in March 1993, a family settlement was entered into, whereby the Plaintiff was given absolute rights in the Chandigarh property, D1 was given absolute rights in the ground floor of the Delhi property and D2 was given absolute rights in the first floor of the Delhi property. This family settlement dated 28th March, 1993 was drawn and exec