Mr. L.N. Mittal, J. (ORAL) - CM No.12471-C of 2010

2. Allowed as prayed for.

RSA No.4136 of 2010

3. Defendants Hans Raj and his son Om Parkash are in second appeal having failed in both the courts below.

4. Respondent-plaintiff Hira Lal filed suit for mandatory injunction directing the defendants to deliver vacant possession of ground floor of the disputed house alleging that plaintiff’s father Pritam Ram was owner in possession of the suit property. He died on 21.10.1986 leaving behind widow Bishan Devi, five sons (including plaintiff and defendant No.1) and two daughters as his 8 legal heirs. In the year 1990, all the brothers and sisters effected family settlement qua the suit property. In the family settlement, the suit property came to the plaintiff exclusively who compensated his brothers and sisters in terms of money. Defendant No.1 was also party to the said family settlement. On its basis, decree dated 23.01.1992 was also passed in favour of plaintiff against all his brothers and sisters including defendant No.1, declaring the plaintiff to be exclusive owner in possession of the suit property. All brothers and sisters made statement in the said case to this effec