RAJEEV TANDON & ANR Vs. RASHMI TANDON

JUDGEMENT

(1.) Ia No. 14323/2016

(2.) The case of the plaintiffs is that plaintiff No. 1 is the brother of defendant. Plaintiff No. 2 is the wife of plaintiff No. 1. The plaintiffs are said to be the owners of the ground floor, first floor and second floor of the property being D-404, Defence Colony, New Delhi.

(3.) The defendant got married on 06.02.1998 and pursuant to her marriage started residing in her matrimonial home in Mumbai. The father of plaintiff No. 1 and the defendant passed away on 12.12.1998. It is pleaded that the plaintiffs out of their own self acquired funds bought the suit property. The basement and ground floor was purchased in the name of plaintiff No. 1 vide sale deed dated 14.06.2001. Similarly, plaintiff No. 2 became the owner of the first and second floor along with roof rights of the suit property vide sale deed dated 14.06.2001. In 2005, the defendant due to various problems in her marriage came back and started living in the one room on the ground floor. The plaintiffs allowed the defendant to reside in the said suit property on gratuitous basis. Litigation was filed by the defendant against her ex-husband. Subsequently, a settlement was arrived at on 26.11.2009 before the Delhi High Court Mediation and Conciliation Centre wherein the defendant received an alimony of Rs.36,50,0000/- from her ex-husband and whereby, divorce by mutual consent was effected.