Prathiba M. Singh, J.

1. Sh. Rohit Rajpal and Sh. Rahul Rajpal (‘Plaintiffs’) filed a suit against their brother Sh. Rajesh Rajpal in respect of property bearing no. 36C, Malviya Nagar, New Delhi-110017 (hereinafter, ‘suit property’). Smt. Ankita Suri and Smt. Kritika Suri are cousins who were impleaded as Defendants No.1 and 2.

2. The suit property was in the joint ownership of the 3 brothers – Plaintiffs No.1 and 2, and Defendant No.3. Originally, this property was measuring 343 sq. yd, however, by devolution amongst several members of the larger family, 100 sq. yds of the suit property which was numbered as 36C, being part of a plot 36AB, Malviya Nagar, fell into the share of the three brothers. They entered into a collaboration agreement which is not the subject matter of this case. However, under the said collaboration agreement, the First Floor and Second Floor of 36C, was given by the builder to the Plaintiffs. They were in joint possession of the entire First and Second Floor.

3. Due to financial distress, a loan of Rs.27 lakhs was taken from Defendants No.1 and 2, who were related to the three brothers. It is the case of the Plaintiffs, that they had mortgaged the p