(1.) Vinod Kakkar, Vijay Kakkar and Swati Khurana, as the plaintiffs, instituted Suit No. CS 613232/16 against Manjula Aggarwal, Anil Aggarwal and Rekha Aggarwal as the defendants before the learned Senior Civil Judge (the learned SCJ). The plaintiffs are the respondents before this Court and the defendants are the appellants, and would be referred to as such, except where their individual names (sans patronymics) are used.
(2.) The suit pertains to a property located at 24, Patel Road, West Patel Nagar, New Delhi-110008 which shall, therefore, be referred to as "the suit property". The Suit The Plaint
(3.) The respondents claimed to have purchased the suit property from M.R. Sethi (HUF) vide registered sale deed dtd. 16/11/2009. At the time, Brij Mohan Aggarwal, the husband of Manjula and the father of Anil and Rekha was occupying part of the suit property as tenant. There is a dispute as to whether the premises, let out to Brij Mohan Aggarwal, consisted of two bed rooms, one drawing room with one store, one kitchen and two bath rooms on the first floor of the suit property or included, in addition, half of the terrace of the suit property. This aspect of the dispute is of considerable significance, as would become apparent presently.