JUDGMENT

Manmohan Singh, J. The plaintiff has filed the suit for mandatory and perpetual injunctions and for recovery of the sum of Rs.42,75,000/- along with pendent lite and future interest.

2. By way of this order, I propose to decide the pending application under Order XII Rule 6 filed by the plaintiff on the basis of the admissions made by the defendant Nos.1 and 2 in their written statement and other documents i.e. Agreement and Memorandum of Understanding executed between the parties.

3. The plaintiff is the eldest brother of the defendant Nos.1 and 3 and the defendant No.2 is the wife of defendant No.1, who is the youngest brother of the plaintiff. No relief is being sought against defendant No.3 and he is being impleaded only as a proforma defendant.

Facts as per the Plaint

4. Admittedly, Late Sh.K.N.Arora and his wife Smt.Raj Kumari Arora, the deceased parents of the plaintiff and the defendant Nos.1 and 3, had jointly purchased a plot of land admeasuring 296 sq. yds., bearing Municipal No.S-335, Greater Kailash-II, New Delhi-110048 from M/s DLF United Ltd. vide a duly registered sale deed dated 23rd October, 1972, registered as Document No.6899 in Addl. Book No.