JUDGMENT :

NEENA BANSAL KRISHNA, J.

I.A.3934/2012 in CS(OS) 1587/2011 (U/O XII Rule 6 of CPC, 1908)

1. The present application under Order XII Rule 6 of the Code of Civil Procedure, 1908 (hereinafter referred to as “CPC”) has been filed on behalf of the plaintiffs seeking decree of possession in respect of the Suit Property bearing No. 42 and 44, Sunder Nagar, New Delhi, on the basis of admissions of the defendant.

2. The plaintiffs have filed the present Suit for Permanent and Mandatory Injunction against the defendant for restraining the defendant from entering the suit premises and interfering in peaceful possession of the Plaintiffs; to remove its security guards from the suit property; and for restraining the defendant from selling, alienating and creating any third right party interest in the suit property.

3. The facts in brief as narrated in the present Suit that the Suit Property bearing No. 42 and 44, Sunder Nagar, New Delhi (hereinafter referred to as “suit property”) admeasuring 1732.72 sq. yards comprises of ground floor, first floor and second floor along with roof, front lawn, open spaces in the rear, two drive ways, passages, two stair cases, four garages and eight servant quarters and is a residential house.

4. Late Smt. Bimla Devi, Late Smt. Shanti Devi and Late Smt. Pushpa Devi who were the real sisters-in-law, were allotted this undivided suit property by perpetual Lease Deed executed in their favour on 08th November, 1954. Smt. Shanti Devi died on 16th August, 1977 leaving behind her legal heirs, namely, Shri Mahender Kumar Gupta, Shri Mahesh Kumar Gupta, Shri Surender Kumar Gupta and Shri Deepak Kumar Gupta and accordingly perpetual Lease Deed was amended and the names of the afore-mentioned legal heirs were added in her place on 06th July, 1992 along with Late Smt. Bimla Devi and Smt. Pushpa Devi.

5. Smt. Bimla Devi, mother of the plaintiffs, died on 06th October, 2003 leaving behind the plaintiffs and Smt. Preeti Jain and Smt. Anju Jalan as her legal heirs who are entitled to 1/3rd undivided share each, in accordance with her Will dated 30th July, 2003.

6. Smt. Pushpa Devi and legal heirs of Smt. Shanti Devi had entered into a sale transaction with the defendant and sold their undivided 2/3rd right in the suit property to it on or around 02nd June, 2011 as per the statement to this effect made by their respective counsels in Civil Suit bearing No. CS(OS) 2443/1993 titled M/s Caravan Commercial Company Limited vs. Pushpa Devi & Others filed by the defendant for Specific Performance of Agreement to Sell dated 15th November, 1991 and 16th

November, 1992. Smt. Pushpa Devi through her counsel also informed this Court that the delivery of possession of the ground floor of the suit property has already been delivered to the defendant. Shri Arun Batra was impleaded as defendant No. 8 in the aforesaid suit as he was claiming prior rights in the suit property by way of some alleged Agreement purportedly executed in his favour by the co-owners. Shri Arun Batra has also filed Civil Suit bearing CS (OS) 1578/1992 against the co-owners which was absolutely frivolous and malicious. The said two suits have been contested by the plaintiffs disputing the existence of any Agreement to Sell and have challenged the grant of discretionary relief of Specific Performance.

7. Inter se dispute between the plaintiffs and other co-owners arose and the legal heirs of Late Smt. Shanti Devi filed the Civil Suit bearing CS (OS) 690/2006 titled Mahender Kumar Gupta & Others vs. Smt. Pushpa Devi & Others for Partition of their 1/3rd share in the suit property and physical possession against the plaintiffs and Smt. Pushpa Devi of the suit property. However, the legal heirs of Late Smt. Shanti Devi unconditionally withdrew their suit on 20th May, 2011.

8. It is asserted that possession of a portion of the undivided property i.e., the ground floor has been transferred to the defendant by Smt. Pushpa Devi and the legal heirs of Late Smt. Shanti Devi h