JUDGMENT

Amit Bansal, J. -

I.A. 8633/2021 (O-XII R-6 of CPC)

1. The present application has been filed on behalf of the plaintiff under Order XII Rule 6 of the Code of Civil Procedure, 1908 (CPC) read with Order XIV Rule 1(6) of the CPC, seeking a decree on the basis of admissions made in the written statement filed by the defendants.

2. The present suit was filed by the plaintiff seeking reliefs of mandatory and permanent injunction in respect of the property bearing No. J-3, South Extension Part-I, New Delhi (suit property), on the ground that the plaintiff is the exclusive and absolute owner of the suit property.

3. Notice in this application was issued on 10th August, 2022. Subsequently, the reply has been filed on behalf of the defendants and the rejoinder thereto has also been filed on behalf of the plaintiff.

4. The case set up by the plaintiff is that:

(i) The plaintiff and his two brothers Late Sh. Mohinder Singh and Late Sh. Brijender Singh, were the joint owners of five plots bearing No.J-1, J-2, J-3, J-4 and J-20 situated in South Extension Part-I, New Delhi.

(ii) Vide partition deed dated 21st June, 1965, plots bearing No. J-1 and J-3 fell to the share of Late Sh. Mohinder Si