Delhi High Court
Shri Guljeet Singh vs Mrs. Baljeet Kaur And Ors. on 4 October, 2002
Author: S Mukerjee
Bench: S Mukerjee
JUDGMENT
S. Mukerjee, J.
1. This is a suit for partition with the following prayers:-
a) A preliminary decree of partition may kindly be passed in respect of joint property bearing No. 17/6, West Patel Nagar, New Delhi, which is measuring 200 sq. yds. as shown "red" in the site plan annexed herewith to the plaint as per shares determined by the Hon'ble Court and after passing the preliminary decree a Local Commissioner may kindly be appointed to suggest the mode of partition between the parties; and
b) A final decree of partition in respect of the joint property bearing No. 17/6, West Patel Nagar, New Delhi, measuring 200 sq. yards may kindly be passed by metes and bounds as may be agreed upon, suggested or ordered by this Hon'ble Court and the parties be put in their respective separate portion given in partition accordingly to their shares and in case the physical portions of the property in question is found not possible, then the same be ordered to be sold and the sale proceeds be ordered to be given to the plaintiff and the defendants No. 1 to 5 according to their respective shares and the Receiver be appointed for that purpose.
c) Any other relief to which this Hon'ble Court deems fit just and proper in the circumstances of the case also be granted in favor of the plaintiff and against the defendants No. 1 to 5 in the interest of justice.
2. Some of the defendants were served with the Summons by post. For remaining defendants service was effected by publication. Sufficient opportunity was granted to the defendants to file their written statement which they failed to avail of. Finally they were proceeded ex parte and on 2.8.2001 affidavit by way of ex parte evidence was directed to be filed which has been duly brought on record.
3. On the basis of the unrebutted evidence it stands established that property bearing No. 17/6, West Patel Nagar, New Delhi measuring 200 sq. yds. was the self-acquired property of Sardar Ram Singh, who died on 8.5.1975 leaving behind wife, three sons and four daughters (total eight), as under:-
S.
NO.
NAME
RELATIONSHIP
.
Smt.
Amarjeet
Kaur
Wife
2.
S.
Jaswant
Singh
Son
3.
S.
Nirmaljeet
Singh
Son
4.
S.
Galjeet
Singh
Son
5.
Mrs.
Kuldeep
Bhumra
Daughter
6.
Mrs.
Narinder
Hanspal
Daughter
7.
Mrs.
Gursharan
Nagi
Daughter
8.
Mrs.
Ashu
Bhalla
Daughter
4. Original death certificate has been exhibited as Ext. Pw-1/4.
5. Since late Sardar Ram Singh died intestate, all the eight legal heirs inherited the said property and become co-owners to the extent of 1/8th undivided share each.
6. One of the co-owner S. Jaswant Singh died on 28.11.1978 and his wife, two sons and one daughter as indicated below have stepped in to his shoes and became jointly the owners of 1/8th share in the property:
i)
Mrs.
Baljeet
Kaur
Wife
ii)
S.
Gurpreet Singh
Son
iii)
S.
Devinder Singh
Son
iv)
Ms.
Ritu Padma
Daughter
7. The wife of S. Ram Singh (Smt. Amarjeet Kaur) also died on 14.3.1995 and original death certificate has been exhibited as Ext. PW-1/5. She executed a Will by which she bequeathed her 1/8th share equally between her one son Sardar Guljeet Singh four daughters. The original Will has been exhibited as Ext. PW-1/6. The daughters who are defendants 6-9, have executed duly registered Relinquishment Deeds in favor of S. Guljeet Singh (Plaintiff) in respect of both their 1/8th share plus 1/5th share of the mother's 1/8th share. These have also been exhibited as Ex. PW1/7 to PW1/10.
8. As a result of the above, the plaintiff has become the absolute owner of 6/8th share in the said property while defendant No. 5 is the absolute owner of 1/8th share and defendants 1-4 who are the wife and children of S. Jaswant Singh, are together collectively the absolute owner of 1/8th share of the property, while defendants 6 to 9 have been left with no share, interest or title at all in the said property.
9. On the basis of the unrebutted evidence, pleadings and testimony which has come on record, I am satisfied that the plaintiff has duly made out a case for grant of prayer (a) in the plaint. Accordingly I pasOBs a preliminary decree for partition in respect of joint property bearing No. 17/6, West Patel Nagar, New Delhi measuring 200 sq. yards as shown red in the site plan annexed to the plaint, as per shares determined hereinabove. I appoint Shri Manoj Kumar Architect, R/o No. 2, Vikram Vihar Extn., Lajpat Nagar-IV, New Delhi-110027 (Tel. No. 6468217) as the Local Commissioner on a fee of Rs. 10,000/- plus expenses, to submit a report regarding partition of property by metes and bounds within six months from today, for which purpose the matter will be listed before Joint Registrar on 7.4.2003.
