SHWETA MARWAHA Vs. VINAYAK MARWAHA

JUDGEMENT

(1.) THE suit was filed by Shweta Marwaha and Shubhra Marwaha, daughters of late Shri Vinayak Marwaha against him. THE suit resulted in a compromise decree being passed on 26.05.1995. THE suit was decreed in terms of the family settlement Ex.C-1 and the site plan Ex.C-2 which formed part of the decree.

(2.) AT the time of the settlement, Shubhra Marwaha- plaintiff No.2 was sixteen years of old whereas plaintiff No.1 Shweta Marwaha was a major. As per the settlement, the property bearing No.C-36A, Kalkaji, New Delhi was to be divided between the parties to that suit. The ground floor along with one-third undivided share in the land underneath building was to belong to the defendant Vinayak Marwaha, whereas the first and second floor along with two-third undivided share in the land underneath the building was to belong to the plaintiffs. The compromise stipulated that the actual and physical possession of first and second floor would be given on plaintiff No.2 attaining the age of 25 years old. She has become 25 years old on 21.02.2004. The consent decree passed by the Court, therefore, was not executable before 21.02.2004. Computed from the aforesaid date, the execution has been sought within the prescribed period of twelve years.

(3.) COMING to the access to the first and second floor, a perusal of the site plan Ex.C-2 would show that there is a staircase at the back of the site which leads to the first and second floor. Obviously, the decree holders/plaintiffs would be entitled to access the first and second floor only through staircase without in any manner entering any part of the premises occupied by the objector on the ground floor.