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*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS).No.202/2007
Date of Decision: 7th May, 2010
%
DR. VIKRAM KUMAR JAIN ..... Plaintiff
Through : Mr. Akshay Makhija and
Mr. Saurabh Seth, Advs.
versus
DR. AJAY KUMAR JAIN ..... Defendant
Through : Ms. Meenakshi Lekhi and
Mr. Vishal Balecha, Advs.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
1. The plaintiff has filed this suit for partition of property bearing No.D-291, Defence Colony, New Delhi.
2. The suit property bearing No. D-291, Defence Colony, New Delhi was owned by the father of the parties, Late Dr. N.S. Jain by virtue of perpetual lease deed dated 29th March, 1985. The suit property was converted from leasehold to freehold and a conveyance deed dated 4th May, 2000 was executed by L&DO in favour of Late Dr. N.S. Jain.
3. Late Dr. N.S. Jain died intestate on 5th October, 2002 and was survived by the plaintiff and the defendant. The wife of Late Dr. N.S. Jain had pre-deceased him. CS(OS).No.202/2007 Page 1 of 4
4. Vide preliminary decree dated 31st August, 2007, the plaintiff and the defendant were each declared to have one half undivided share in the suit property and the Local Commissioner was appointed to suggest the mode of partition in the suit property.
5. On 19th September, 2007, the Local Commissioner submitted the report to the effect that the partition of the suit property in two equal shares by metes and bounds was not possible and, therefore, the same should be sold and the sale proceeds be divided equally between the parties. Both the parties have accepted the said report.
6. The plaintiff as well as the defendant are present in the Court along with their respective counsels and they submit that they would be able to jointly sell the suit property and divide the sale proceeds and this suit be kept for directions for reporting the sale of the suit property and the receipt of the sale proceeds by the parties.
7. A final decree of partition is passed ordering and directing that the property D-291, Defence Colony, New Delhi, shall be sold jointly by the parties and the sale proceeds shall be divided equally between them.
8. The ground floor of the suit property is in possession of the plaintiff whereas the first floor and barsati floor are in possession of the defendant and his wife.
9. Vide order dated 21st May, 2009 passed by the Division Bench of this Court in FAO(OS)No.278/2007, it has been CS(OS).No.202/2007 Page 2 of 4 directed that 50% of the defendant's share shall be utilized to purchase a flat by the defendant in his name but for the benefit of the defendant's wife and the defendant's wife shall not be dispossessed from the first floor of the suit property till an alternative arrangement is made.
10. During the course of hearing of this case on 16th April, 2010, the defendant agreed to acquire a flat/floor in South Delhi for the residence of defendant's wife of her choice within the amount stipulated above.
11. In order to ensure the compliance of the directions passed by the Division Bench of this Court in FAO(OS)No.278/2007 and the order dated 16th April, 2010, it is agreed by both the parties present in the Court today that the defendant's wife shall be involved in the process of sale of the suit property so that the transparency is maintained in the sale process. The parties further agree that the defendant's wife shall be made a confirming party in all the documents relating to the sale of the suit property. The defendant's wife is also present in the Court and this direction is passed with her concurrence.
12. The learned counsel for both the parties submit that the original conveyance deed dated 4th May, 2000 is with the defendant's wife. The defendant's wife submits that she has no objection to allow the inspection of the conveyance deed to the purchaser and to hand over the original conveyance deed to the purchaser of the suit property at the time of CS(OS).No.202/2007 Page 3 of 4 execution of the sale deed subject to the parties discharging their obligations in terms of this order.
13. The suit stands disposed of. The decree sheet be prepared in terms of final decree.
14. List for directions on 16th July, 2010.
15. Copy of this order be given 'Dasti' to learned counsel for both the parties as well as to defendant's wife under the signature of Court Master.
J.R. MIDHA, J MAY 07, 2010 aj CS(OS).No.202/2007 Page 4 of 4