IA No.2848/2018 (of D-1 u/O VII R-11 CPC)

1. The plaintiffs have filed the present suit pleading:

(i) that the land underneath property No.J-1975, Chitranjan Park, New Delhi was earlier granted on leasehold basis and was subsequently on 1st March, 2000 converted into freehold;

(ii) that in the year 2002, defendant No.1 Sujit Sen and his brother Subir Sen executed a registered Partition Deed dated 15th April, 2002 partitioning the property aforesaid into two equal halves, with the front part going to Subir Sen and the rear half falling to the share of the defendant No.1 Sujit Sen;

(iii) that the said Subir Sen had died, leaving defendants No.2&3 Arghya Sen and Aparajita Sen as his heirs;

(iv) that partition of the plot of land underneath the property aforesaid into two halves, was void ab initio, being contrary to the Master Plan of Delhi and the Building Bye-Laws and other regulations, and thus Subir Sen and the defendant No.1 remained owners in equal share of the entire property;

(v) that the defendant No.1, vide Sale Deed dated 7th May, 2014, sold the first floor of the rear half of the property to the two plaintiffs;

(vi) that the defendant No.1, preceding the sale, explained