SANJAY KUMAR Vs. RAJESH KUMAR

JUDGEMENT

(1.) Smt. Laxmi Devi was the owner of property bearing Nos. Y-316 and Y-317 which is a land measuring 50 sq. yds. (25 sq. yds. each) situated in J. J. Colony, Camp No. 1, Nangloi, Delhi-110041 (hereinafter, "suit property").

(2.) The Respondent/Plaintiff - Mr. Rajesh Kumar (hereinafter, "Plaintiff") and the Appellant/Defendant - Mr. Sanjay Kumar (hereinafter, "Defendant") are the sons of Smt. Laxmi Devi. A mutual agreement was duly signed by her by which she fixed the share amongst her three sons i. e. the Plaintiff, the Defendant and the Sh. Ajay Kumar. The manner in which the division was made by her is contained in the said mutual agreement and is as under:

(3.) This mutual agreement was signed by all the brothers and their mother. It is the Plaintiff's case that upon the request of the Defendant, 3 x 20 portion of the Ground Floor was allowed to be retained as some articles/belongings of the Defendant were lying there. The said portion remained in the Defendant's possession, and he refused to vacate the same. Despite intervention of relatives, he did not vacate and finally the Plaintiff got legal notice dated 25th February, 2010 served on the Defendant. However, since the Defendant did not vacate the property despite receipt of the notice, the Plaintiff filed the subject suit seeking the following reliefs: