PRAVESH KUMAR GANDHI Vs. RAJ RANI GANDHI

JUDGEMENT

(1.) A suit for declaration, cancellation of mutation and conveyance deed in respect of the property bearing no. D-II/44, Lajpat Nagar-II, New Delhi has been filed by the plaintiff. The plaintiff is the son of defendant no.1 who is his mother. Defendant nos 2, 3 and 4 are the paternal uncles of the plaintiff while defendant no.5 is the LandDO. The property in question was converted into freehold vide conveyance deed dated 16.07.2002 in terms whereof defendant nos 1 to 4 became the co-owners of the property. The property measures 200 square yards.

(2.) Written statements were filed by all the defendants. The relevant aspect of the written statement of defendant nos 2 and 3 is that the property of 200 square yards was divided by metes and bounds into two portions whereby defendant no.1 and defendant no.4 became owners of 100 square yards of the land which was marked as D II/44 B, Lajpat Nagar II, New Delhi.

(3.) The matter was sent to the Delhi High Court Mediation and Conciliation Centre and apparently a settlement was arrived at in terms whereof it was agreed that the property falling to the share of defendant nos 1 and 4 would be sold and 15 per cent of the sale proceeds would be given to the plaintiff. However the settlement was not finally signed.