Full Text
HIGH COURT OF DELHI
SMT. SUNITA..... Plaintiff
Through: Mr. Rakesh Sherawat & Mr. Vikram Chaudhary, Advocates.
Through: None.
JUDGMENT
1. Suit for partition, rendition of accounts with consequential relief of permanent injunction has been filed on behalf of the plaintiff.
2. Facts in brief are that Late Sh. Ratan Lal, was the absolute owner and in possession of property bearing No. 1, Near Shiv Mandir, Zalim Mohalla, Village Tukhlakabad, New Delhi-110044 and property bearing no. 230, Zalim Mohalla, Village Tukhlakabad, New Delhi-110044. He died intestate on 05.09.2002 and was survived by plaintiff/daughter- Smt. Sunita and 4 sons-Ravinder, Anoop, Ashok and Rajeev who are the defendants. Ashok died on 27.10.2020 leaving behind his wife-Asha, Daughter- Shivali and two sons- Vishal@ laddhu and Navin@ Gaurav, who have been impleaded as defendant No. 4 to 7.
3. The property bearing No. 1, Near Shiv Mandir, Zalim Mohalla, Village Tukhlakabad, New Delhi-110044 measuring approximately 836 sq. 2022:DHC:2616 Meter, comprises of 4 shops and 4 residential houses which are in possession of defendant Nos. 1,2,[3] and legal heirs of deceased Ashok i.e. defendant Nos. 4,5,[6] & 7. Property bearing No. 230, Zalim Mohalla, Village Tukhlakabad, New Delhi-110044 comprises of 4 separate portions alongwith Veranda which are also in possession of the defendants.
4. It is submitted that the plaintiff after the demise of her father late Shri. Ratan Lal on several occasions, she claimed her 1/5th share in his properties but the defendants did not agree. Hence the present suit has been filed seeking a preliminary and final decree of partition in respect of the suit properties by metes and bounds to restrain the defendants and to their the successors from creating third party interest in the properties in question.
5. The defendant Nos. 1, 2 and 3 in their Written Statement have admitted all the facts as narrated in the plaint and have asserted that they have never denied to give 1/5th Share in the property to the plaintiff. It is further mentioned that big portions of both the properties have been let out and are fetching rent.
6. The defendant no. 4 was served through speed-post on 16.06.2021 while defendant nos. 5 to 7 were served on 11.06.2021. However, they failed to appear or contest the suit; they were proceeded ex-parte on 15th December, 2021.
7. Submissions heard.
8. It is an admitted case that late Sh. Ratan Lal, father of the plaintiff and defendant nos. 1 to 3 and grandfather of defendant nos. 4 to 7 was the exclusive owner of the suit properties as described above. It is further not in dispute that late Sh. Ratan Lal died intestate on 05.09.2002 and is survived by one daughter who is the plaintiff and 4 sons, out of whom 3 are defendant nos. 1 to 3. Defendant Nos. 4 to 7 are the legal heirs of deceased son- Ashok.
9. It is thus an admitted case of the parties that all the parties and the 5 children of Sh. Ratan Lal are entitled to 1/5th share in the two properties with 1/5th share each going to the plaintiff and defendant Nos. 1, 2 & 3 while 1/20th share each to defendant Nos. 4,5,[6] & 7(1/5th divided amongst the 4 legal heirs)
10. A preliminary decree is hereby passed whereby the 1/5th share each in the two properties going to the plaintiff and defendant Nos. 1, 2 & 3 while 1/20th share in the two properties each to the defendant Nos. 4,5,[6] & 7(1/5th divided amongst the 4 legal heirs).
11. List for arguments on 29.08.2022 for final decree.
JUDGE JULY 04, 2022 PA