SEEMA SETH Vs. A.L.SETH

JUDGEMENT

(1.) The plaintiffs have filed this suit for mandatory injunction or in the alternative for declaration.

(2.) Plaintiff No. 1, Seema Seth, was married to Rajeev Seth on 15 th February, 1987 and plaintiff No. 2, Ms. Karishma Seth, was born out of the wedlock on 24th May, 1989. Rajeev Seth suffered serious head injuries resulting in his mental disorder and consequent thereto their marriage getting dissolved by a decree of divorce on 1st November, 1996. In the said divorce proceedings plaintiff No. 1, Ms. Seema Seth filed an application under Section 25 of Hindu Marriage Act for grant of permanent alimony and maintenance for herself and her then minor daughter Ms. Karishma Seth, the plaintiff No. 2. Ultimately, the matter was compromised by the plaintiffs with defendant No. 1 who is the father of Rajeev Seth and who was appointed his Guardian ad litem in those proceedings. As per the compromise, that was arrived at between the parties, entire first floor of the property bearing No. D-65, Gulmohar Park Extension, New Delhi, measuring 200 sq.yds., consisting of three bed rooms accommodation, was given by defendant No. 1 to the plaintiffs towards their claims of permanent alimony and maintenance.

(3.) The grievance of the plaintiffs is that despite that they have become the absolute owners of the said property, they do not have any marketable title in respect thereto and the defendant No. 1, though willing, but, has shown reluctance to execute the required documents on account of his ill-health. The defendant No. 1 had purchased the said property from defendant No. 2 by virtue of documents such as power of attorney, agreement to sell etc. Now, the said property is stated to be in possession of the plaintiffs. The defendant No. 1 for himself and defendant No. 2 admitted the case of the plaintiffs and stated that he being not in physical possession to move has no objection to the appointment of Court Commissioner for the purpose of execution of the documents in favour of the plaintiffs in terms of the compromise that was arrived between them in the aforesaid divorce petition.