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Vikram Kaushik And Anr vs Vivek Kaushik
2015 Latest Caselaw 1200 Del

Citation : 2015 Latest Caselaw 1200 Del
Judgement Date : 10 February, 2015

Delhi High Court
Vikram Kaushik And Anr vs Vivek Kaushik on 10 February, 2015
Author: Indermeet Kaur
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

%                                  Judgment reserved on :03.02.2015
                                  Judgment delivered on :10.02.2015

                         CS(OS) 1848/2009


+     CS(OS) 1848/2009

      VIKRAM KAUSHIK AND ANR                 ..... Plaintiffs

                         Through       Mr. Sunil Aggarwal and Mr.
                                       Arjun Mitra, Advs.

                         versus



      VIVEK KAUSHIK                          ..... Defendant

                         Through       Mr. Joydeep Sharma, Adv.


CORAM:
HON'BLE MS. JUSTICE INDERMEET KAUR

INDERMEET KAUR, J.

1 The present suit is a suit for partition. It has been filed by the

plaintiffs Vikram Kaushik and Jyotsna Kaushik. Defendant Vivek

Kaushik is their brother. The immovable properties which are the

subject matter of the present suit are - (i) L-19, Lajpat Nagar-III,

Delhi-110024; (ii) Flat No.1402, Marathon Galaxy-I, L.B.S. Marg,

Mulund, Mumbai and (iii) Agricultural land in two pieces comprising

of about 10 acres each in village and post office Shedawan, District

Bulandshahar, Uttar Pradesh (hereinafter referred to as the suit

property).

2 The parties to the suit are legal heirs of deceased Hem Chandra

Kaushik who had died intestate on 10.8.2008 leaving behind three

Class-I heirs i.e. the two plaintiffs and the defendant. His wife had

predeceased him on 15.11.1997. Contention is that the superstructure

which has been erected in L-19, Lajpat Nagr-III, New Delhi consists of

a basement, ground floor, first floor and second floor. The second floor

is vacant which is under the constructive possession of the parties. The

basement and the ground floor are in occupation of the defendant. The

first floor is under tenancy. Rent of the first floor at Rs.50,000/- is being

received by the defendant. The second floor had also been let out at

monthly rental of Rs.30,000/- per month. The flat in Mumbai is a two

bedroom, one hall, one kitchen with a super area of 978 sq. feets. The

third property i.e. the agricultural in Bulandshahar inherited by late Sh.

Hem Chandra Kaushik by virtue of a Will executed by his father Late

Sh. Kishore Lal Sharma.

3 Plaintiffs in spite of repeated requests seeking a partition of

family properties have been left answered. Present suit has accordingly

been filed seeking a relief of partition as also rendition of accounts.

4 Written statement was filed by the contesting defendant. His

submission is that the property at Lajpat Nagar is in his actual physical

possession. The plaintiff no.1 is in occupation of the flat at Mumbai. At

the time of marriage of plaintiff no.2 being the only daughter of the

deceased she was given a huge fortune in order that she could purchase

her own accommodation. She had purchased a flat in Dr.Mukherjee

Nagar, Delhi and the money for the purchase of this property had been

paid by their father. Contention of the defendant is that the parties had

arrived at an oral family settlement by virtue of which the right in the

Mumbai property had fallen to the share of plaintiff no.1. There was a

flat in Dwarka which has also been purchased from the funds of the

plaintiff which also fell to the share of plaintiff no.1 and which purchase

had been financed by the deceased with an agreement that the balance

installment will be paid by plaintiff no.1. Submission is that in terms of

this oral family settlement, which had been arrived at and acted upon

between the parties, the present suit is not maintainable. It is liable to be

dismissed.

5 On the pleadings of the parties the following issues were framed.

They read herein as under:

(1) Whether the plaintiff is entitled to partition of the suit

properties bearing Nos.L-19, Lajpat Nagar-III, Delhi-24, Flat no.1402,

Marathon Galazy-I, LBS Marg, Mulund, Mumbai and agricultural land

in two pieces comprising of about 10 acre each in Village and Post

Office Shedawan, district Bulandshahar, (UP)? OPP

(2) Whether the aforesaid properties were orally partitioned during the

lifetime of one Sh.H.C.Kaushik, who is the father of the parties herein?

OPD

(3) Whether the suit is liable to be rejected under Order 7 Rule 11

(b)/(c) CPC? OPD

(4) Whether the plaintiff is entitled to rendition of accounts from the

defendant, if so, to what effect? OPD

(5) Relief.

6 The onus to discharge the issues was initially on the plaintiff;

thereafter this order was modified and in terms of the order dated

13.12.2011 the defendant was directed to lead evidence in the first

instance.

7 Eight witnesses were examined by the defendant. The plaintiff

has examined one witness. Issue-wise findings are as under:

8 Both these issues will be decided by a common discussion.

Admittedly, there are three suit properties i.e. L-19, Lajpat Nagar-III,

Delhi-24, Flat no.1402, Marathon Galazy-I, LBS Marg, Mulund,

Mumbai and agricultural land in two pieces comprising of about 10

acre each in Village and Post Office Shedawan, district Bulandshahar,

U.P.

9 The father of the parties Hem Chand Kaushik had died intestate.

He had left behind three Class-1 heirs i.e. two plaintiffs and the

defendant. His wife had predeceased him.

10 The onus to discharge the issues was placed upon the defendant.

This was vide order dated 13.12.2011.

11 The defence of the defendant is that the suit properties already

stood partitioned in terms of an oral settlement which had been arrived

at during the lifetime of the father of the parties. This was pursuant to

discussion which had taken place in the intervening period of Dewali

2003 and Holi of 2004. To support this stand the defendant has

produced nine witnesses of whom DW-1 is the defendant himself.

DW-2 (Chhaya Sharma) is the paternal aunt (Bua) of the parties. Stand

of the defendant being that DW-2 was closely connected with the family

affairs of the parties and it was pursuant to discussions with her and her

husband that the father of the parties had decided to give the Lajpat

Nagar property to defendant no.1; the Mumbai flat was to fall to the

share of plaintiff no.1; the land at Bulanshahar, U.P. was agreed to be

divided half and half between plaintiff no.l and defendant no.1; however

since plaintiff no.1was not showing any interest in the Bulandshahar

property it had been decided that he may either opt for the Bulandshahar

property or he may opt for the rights over the second floor in the Lajpat

Nagar property without the roof rights. Contention being that plaintiff

no.2 at the time of her marriage had got a huge fortune; out of which

money the property at Mukherjee Nagar had been purchased by her

husband, for this reason the plaintiff no.2 is not entitled to any further

share in the aforenoted properties. This was in terms of their family

arrangement. His further contention was that the entire superstructure in

the suit property at Lajpat Nagar was out of the funds and money which

had been paid by him; the property had been constructed in the year

2004 during the lifetime of their father (who had died on 10.8.2008)

since it had already been agreed that property at Lajpat Nagar would fall

to the share of defendant no.1, the defendant no.1 had spent money on

its construction.

12 Defendant had entered into the witness box ad DW-1 and

reiterated all these averments on oath. The bills/receipts pertaining to

acquiring building material, fittings and fixtures affixed at the Lajpat

Nagar property had been proved collectively as Ex.DW-1/3 (colly).

The municipal corporation receipt substantiating his averment that he

was living in the Lajpat Nagar was marked as Mark A-1. Submission

being reiterated on oath that the oral family settlement had in fact been

acknowledged by the other siblings namely plaintiff no.1 and plaintiff

no.2. He proved his statement of account as Ex.DW-1/6 and Ex.DW-

1/7. In his cross-examination he admitted that he is a diploma holder in

export management and had taken training at the Central Institute of

Medicinal and Aromatic Plants and at Fragrance and Flavours

Development Corporation, Kannauj, U.P. He used to help farmers; he

was paying income tax since 1990. He was taking rent of the Lajpat

Nagar property but this rental income was not reflected in his income

tax returns till the time of the death of his father but thereafter the same

was being reflected in his returns. In the next line he countered this

submission by stating that he in fact is taking this rent w.e.f. 2006;

(father of the parties died in August 2008). Statement of the witness on

this score is thus contrary as in one part of his statement he has stated

that he was taking rent of the Lajpat Nagar property and which was

being reflected in his income tax return only after the death of his father

and prior to that his father was taking the rent but later part of his

statement stated that that he was taking rent of the Lajpat Nagar property

even during the lifetime of his father. He admitted that the amount spent

on the reconstruction of the Lajpat Nagar property would be about Rs.40

to Rs.50 lacs. He denied the suggestion that money was spent by his

father. His contention was that the entire money was spent by him but

the same was not reflected by him in his income tax returns. Further

contention being that he had saved this money while he was working in

Moscow. He had worked in Moscow between 1993 to the year 2000;

his savings in Moscow were in cash; he had sent the same through

Mr.Ravindra Kumar Tiwari and Mr.Ravindra Mamgain to India. He

used to carry cash even when he used to come Delhi. None of this has

been proved by documentary evidence. Mr.Ravindra Kumar Tiwari

and Mr.Ravindra Mamgain have not come into witness box to

substantiate this version of DW-1. In fact, defendant no.1 who was

initially working in „Gopal Zarda‟ was thrown out of the firm in the year

1998; in this intervening period he was making intermittent trips to

Moscow but he did not progress financially even there. He was

unemployed after 1998. Defendant and his family were residing with

their father in Lajpat Nagar. In these circumstances he had undertaken to

carry out the reconstruction of the Lajpat Nagar property through the

funds of his father as he did not have any funds of his own. The

documentary evidence in this regard i.e. the statement of account of

Hem Chandra Kaushik at the ICICI Bank, Lajpat Nagar Branch and

income tax returns (Ex.DW-1/6 and Ex.DW-1/7) reflected his rental

income from the first floor and the second floor of the Lajpat Nagar

property apart from his agricultural income from his land at

Bulandshahar which was admittedly tax free. This document

establishes the stand of the plaintiff that the father of the parties namely

Hem Chandra Kaushik had sufficient funds in his account to carry out

the re-construction of his property which was done in the year 2004

when he was alive. Contention of defendant no.1 that he had funded

this projected has not been established by any documentary evidence.

Ex.DW-1/3 which a colly of receipts produced by DW-1 to establish his

stand that he had paid for the building material and for the fittings and

fixtures at the Lajpat Nagar property is not borne out from these

documents. Apart from the fact that there is only one invoice for

Rs.12,900/- for a submersible pump dated 15.3.2005 in the name of

defendant no.1 (issued by Aquatech Engineers), other paper slips placed

on record are just hand written papers; in whose hand writing these slips

had been prepared and they related to which part of fittings and fixtures

which were allegedly fixed at Lajpat Nagar property are wholly

undecipherable. What the defendant had to established was that the

money for these fittings and fixtures had been paid out of his own

personal funds. Admittedly, the defendant was living with his father. He

was a senior citizen; in his early 80s at the time when this reconstruction

project was undertaken Hem Chandra Kaushik had sufficient funds to

re-construct the property whereas defendant no.1 has failed to show

from any documentary evidence that it was he who had funded this

project. In fact he candidly admitted that he did not reflect these

expenses in his income tax return. He admittedly had no source of

income as although he was working in Gopal Zarda in Delhi, his salary

being low, to earn some extra income he was flitting between Delhi and

Moscow between 1993 to 2000. Ultimately, he lost his job in the year

1998. There is no evidence to show that DW-1 thereafter was re-

employed in any other job. He also did not visit Moscow after 2000.

He was a M.Com. He had taken training at an Institute at Kanauj, U.P.

for training of farmers but what was his source of income to fund the

project, which according to him was to the tune of Rs.40 - 50 lacs has

not been explained or answered.

13 DW-6 Pawan Gupta, the owner of Fair Deal Corporation had

entered into the witness box to support the stand of the plaintiff on this

count. His submission was that in the year 2004-2005 M/s Fair Deal

Corporation had supplied sanitary and hardware goods to Vivek

Kaushik and payment had been received from him. In his cross-

examination, he admitted that he does not remember if he had issued

any invoices. He admitted that five bills are in his handwriting which

are in the sum of Rs273/-, Rs.10,006/-,Rs.392/-, Rs.22,070/- and

Rs.8,755/-. He did not have the original of the bills. They must be with

the defendant. These bills did not see the light of the day. Testimony

of DW-5 Gaurav Virmani, the architect who had planned this

redevelopment/reconstruction of the Lajpat Nagar property is also

relevant. His testimony has been highlighted. His version only

discloses that he was the architect who had prepared the drawings and

plans for this property. He admitted that MCD drawings were in the

name of the father of the defendant i.e. Hem Chandra Kaushik and the

submitted plans were also signed by the owner i.e. Hem Chandra

Kaushik. Vivek Kaushik i.e. the defendant had accompanied him. He

admitted that he only had a professional relationship with the defendant

and he does not know what was the settlement arrived at between the

parties and which property has fallen to which person. Testimony of

this witness also does not in any manner support the stand of the

defendant that it was he who had funded the project at Lajpat Nagar. In

fact, DW-1 in his cross-examination has admitted that three water

meters were installed in the property after its reconstruction. He

admitted that these water meters were installed in the name of their

father Hem Chandra Kaushik. Learned counsel for the plaintiffs has

rightly pointed out that if this property had already fallen to the share of

defendant in terms of the oral family settlement why the water meters

were installed in the name of their father has not been explained by him.

This was obviously for the reason that there appears to be no family

settlement which had been arrived at between the parties. DW-1 had

also admitted that the property continues to stand in the name of his

father and he had not informed any authority that this property has fallen

to his share.

14 Testimony of PW-1 is also relevant in this context. His

submission was that this property of Lajpat Nagar was owned by their

father Hem Chandra Kaushik and this property comprised of the

basement, ground floor, first floor and second floor; being the elder son

defendant no.1 was living with their father and he had an opportunity to

misappropriate the property papers of their father. Plaintiff no.1 was

living in Bombay and plaintiff no.2 was married. Further averment of

PW-1 was that the basement and ground floor was in occupation of the

defendant where their father was also residing. The first floor was in

occupation of a tenant and the second floor had also initially been let out

to a tenant and thereafter after the demise of their father the rent was

being collected by defendant no.1 from both the tenants. A sum of

Rs.20-25 lacs had been spent on redevelopment of the property which

was from the funds of their father Hem Chandra Kaushik. Contention

being that the deceased had a continuous tax free income from his

agricultural land; out of this income he had undertaken this construction

at Lajpat Nagar. The entire redevelopment cost was borne by their

father; Ex.DW-1/6 and Ex.DW-1/7 evidenced the rental and agricultural

income of their father; reflecting an income of about Rs.4 lacs per year.

The father of the parties (deceased) was also a post graduate and an

editor of the Science Journal of the "Council of Scientific and Industrial

Research" of the Government of India and was also giving tuitions in

science and maths; he had income from this source as well.

15 DW-2 is the paternal aunt of the parties and her testimony has

been heavily relied upon by defendant to substantiate his stand that it

was in her presence and under her guidance that their father had orally

partitioned his properties. Her testimony is relevant. She is

Smt.Chhaya Sharma. In her examination-in-chief she stated that her

brother (father of the parties) and his wife used to discuss all small and

big internal matters with her which included family rituals, such as

namkaran, mundun, engagement, marriage, education and career of the

children; she was a part of the decision making process during the

growing up phase of the children and thereafter. The Lajpat Nagar

property was in the name of her brother. Oral family settlement had

been entered into between the family wherein the defendant was to have

exclusive right over the Lajpat Nagar property and half the share in the

Bulandshahar property. In her cross-examination, she has stated that she

does not remember as to when she visited the Lajpat Nagar after it was

reconstructed in the year 2004. Admittedly, after the year 2004 she had

not visited her brother except on the occasion of the death of her sister-

in-law. She admitted that her brother had told her about the partition

between himself and his children. This statement made by DW-2 in

fact destroys the version set up by the defendant that the oral partition

had been effected interse the family members in the presence of

DW-2. DW-2 has made a categorical admission that her brother had

told her about the partition between himself and the children meaning

thereby that she was not witness to the oral settlement. That apart even

as per her examination in chief she had been consulted by her brother in

the decision making process of the growing up children i.e. matters of

namkaran, mundane, engagement, marriage and education and the

further admission made by DW-2 that her brother had told her about the

partition substantiates the submission of the plaintiffs that in fact an oral

family settlement was not arrived at in the presence of DW-2.

16 DW-2 also admitted that the marriage of her niece Jyotsna who

had been studying in the Jesus and Marry College was performed

simply. She admitted that the Mukherjee Nagar property (where

plaintiff no.2 is residing) is in the name of the father of Ajesh (husband

of plaintiff no.2) since before the marriage of the parties. This property

at Mukherjee Nagar being in the name of father of Ajesh destroys the

second submission of the learned counsel for the defendant that the

father of the parties had given a fortune to his daughter at the time of her

marriage and the purchase of Mukherjee Nagar property was made out

of that fortune. This property is neither in the name of Jyotsna nor in

the name of her husband Ajesh but is in the name of father of Ajesh.

Thus this submission of plaintiff no.1 on this score being that this

property is the property of the in-laws of the plaintiff no.2 and family of

the parties had nothing to do with the funds generated for the purchase

of this property is correct submission i.e. why obviously this property

was in the name of the father of Ajesh (father-in-law of plaintiff no.2).

17 DW-7 Shiv Kumar Pathak was a family friend of the parties. He

admitted that he is living in Faridabad since 2007. He used to meet the

father of the parties (Hem Chandra Kaushik) once or twice in a year.

Before 2007 he had met Hem Chandra Kaushik in the year 2004 and

lastly met him in 2007. He had admitted that a criminal case was

pending against him in Delhi and defendant Vivek had come to court to

appear as a surety. He admitted that he only knew the broad facts of the

family affairs of Hem Chandra Kaushik. He denied the suggestion that

Vivek had stood surety for him that is why he has come to court to

depose in his favour.

18 DW-3 Ashok Kaushik was a cousin of the parties. In his cross-

examination, he admitted that he does not know if Hem Chandra

Kaushik had divided his properties amongst his children in the year

2004; he was only aware about the status of the agricultural land.

Testimony of this witness also does not help the stand of the defendant.

19 DW-4 Deepak Chopra was a neighbor of the parties. He

reiterated the stand of the defendant but in his cross-examination he

stated that he cannot say as to whether Hem Chandra Kaushik had got

the property constructed himself or whether it was the defendant who

had reconstructed it. He admitted that in the summer of 2004 he had

gone to the house of Hem Chandra Kaushik where he found that Hem

Chandra Kaushik was sorting out his books. On inquiry he was told that

the Lajpat Nagar property L-19, had fallen to the share of Vivek who

wanted to reconstruct it. He admitted that he had not asked Hem

Chandra Kaushik as to what had fallen to the share of the other

plaintiffs. He did not try to find out details of the family agreement.

He admitted that he has come to depose in court at the request of

defendant.

20 Plaintiff no.1 being the younger son of Hem Chandra Kaushik had

got married in the year 1997, plaintiff no.2 being the daughter was

married in the year 1996; her marriage was performed simply. This was

admitted by both DW-1 and DW-2. The submission of the defendant

that a huge fortune was given to her at the time of her marriage which

had led to purchase of house of Mukherjee Nagar has been demolished

by the testimony of DW-1 and DW-2 themselves. It is an admitted fact

that this house at Mukherjee Nagar was in the name of the father-in-law

of plaintiff no.2. Had the money for the purchase of house of

Mukherjee Nagar being given them by Hem Chandra Kaushik, the

obvious corollary would have been that the house would have been

purchased in the name of either plaintiff no.2 or her husband but

definitely not in the name of her father-in-law. The stand of the stand of

the plaintiffs on this score being that this property at Mukherjee Nagar

has no connection with the family funds of Hem Chandra Kaushik. This

is a correct submission.

21 Admittedly, redevelopment of the Lajpat Nagar property had

taken place but the question which has to be answered is as to who had

spent this money. The bank account and income tax returns of Hem

Chandra Kaushik reflect that he had a steady source of income i.e. not

only his agricultural land which was tax free but also his rental income

which he was getting from the first and second floor and was also

earning from tuitions; it is also admitted that at the time when the

reconstruction of the property at Lajpat Nagar property was done

(2004-2005) Hem Chandra Kasuhik was very much alive. It was he

who had used his funds in the redevelopment of this property. The

supervisory capacity of the defendant in this redevelopment project did

not entitle himself to claim ownership over this property and set up a

stand that he had spent the money on this redevelopment. Testimony of

DW-1 has been demolished in his cross-examination. He is not entitled

to the benefit of the ratio of the judgment reported as 2010 (174) DLT

665 Suresh Chand Mathur v.Harish Chand Mathur to support an

argument that where a statement has been made by a witness and he has

not been cross-examined on that point is deemed to be accepted. The

stand of DW-6 also does not support the case of the defendant on this

count.

22 The most vehement argument of the learned counsel for the

defendant that the oral partition had taken placed in the family of Hem

Chandra Kaushik in consultation with DW-2 and her husband was also

negatived by DW-2 in her candid admission when she admitted that her

brother had told her about this partition; this is contrary to the stand of

DW-1 whose categorical version was that this oral family settlement had

taken placed in her presence. That apart DW-2 has deposed that her

brother used to consult her on various issues of the family which

included marriage ceremonies, mundun, engagement ceremonies and the

education of the children; in this detail there was a conspicuous absence

of any family arrangement being made in consultation with DW-2.

23 DW-3 and DW-4 have also made a frank admissions. DW-3

knew only about the status of the agricultural land at Bulandshahar.

DW-4 was aware only of Lajpat Nagar property but was unaware what

has fallen to the share of plaintiffs. He also admitted that he could not

say whether the redevelopment of the Lajpat Nagar property which was

admittedly carried out during the life time of Hem Chandra Kaushik was

done by Hem Chandra Kaushik himself or otherwise. DW-1 had also

admitted that the water meters which were installed after the

redevelopment in the property continued to be in the name of their father

Hem Chandra. It is rightly pointed out learned counsel for the plaintiff

that if this property was reconstructed and redeveloped and the charges

had been borne by defendant noting prevented him from getting these

water meters installed in his name. Thus obviously for the reason that

no oral partition as has been alleged by the defendant had taken place.

The sum total of the aforenoted evidence both oral and documentary

thus nowhere establishes the stand of the defendant that an oral partition

had taken place between the parties between the Deewali in the year

2003 and Holi in the year 2004. There being no oral partition of the

aforenoted properties during the life time of Hem Chandra Kaushik, the

plaintiffs are entitled to the partition of the suit properties.

24     Issue nos. 1 and 2 are decided accordingly.

Issue No.3

25     Order 7 Rule 11 (b) of the CPC provides that where relief is

undervalued, and the plaintiff, on being required by the court to correct

the valuation within a time to be fixed by the court in case fails to do so,

the plaint is liable to be rejected. The judgment relied upon by the

learned counsel for the defendant reported as 2008 (149) DLT 746

Meenakshi Gupta Vs. Naveen Mahajan has no application to the factual

matrix of this case. This was a case where the court had held that even

as per the case of the plaintiff there was no joint position.

26 The present suit is a suit for partition. This Court has already

answered issue no.1 in favour of the plaintiffs. There having been no

oral partition of the suit property, all the properties of Hem Chandra

Kaushik were in possession of his Class-I legal heirs i.e. the plaintiffs

and the defendants either constructively or physically. Ad valorem

court fee did not have to be affixed as is the arguments raised by the

learned counsel for the defendant. Plaint is not liable to be rejected.

This issue is decided in favour of the plaintiffs and against the

defendant.

Issue No.4

27 In view of the aforenoted discussion, the plaintiffs are entitled to

the rendition of accounts of from the defendant. DW-1 has admitted

that he has been receiving the rent of the first floor and the second floor

of the property till the time that they were on rent; in one part of his

testimony he had admitted that even during the life time of his father he

was taking rent from the first floor. After the death of their father i.e.

on 10.8.2008 all rentals of the first floor and the second floor have been

enjoyed by the defendant alone. Defendant is liable to render accounts

on this score. He will submit statement of account on affidavit of the

rentals collected by him w.e.f. 2006 onwards within a period of eight

weeks from today. This issue is decided in favour of the plaintiffs and

against the defendant.

RELIEF :

28 This Court hereby passes a preliminary decree of partition under

Order 20 Rule 18 of the CPC declaring that each of the parties i.e. the

two plaintiffs and the defendant are entitled to 1/3rd share in all the suit

properties i.e. (i) L-19, Lajpat Nagar-III,Delhi-110024; (ii) Flat

No.1402, Marathon Galaxy-I, L.B.S. Marg, Mulund, Mumbai and (iii)

Agricultural land in two pieces comprising of about 10 acres each in

village and post office Shedawan, District Bulandshahar, Uttar Pradesh.

29 Mr.S.S.Chadha, Advocate (Cell No.9810340129) is appointed to

conduct an inquiry into the suit property and to submit a report as to

whether it is possible to physically divide the suit properties by metes

and bounds, if so, to suggest mode of partition. The fee of the local

commissioner is fixed at Rs.1.00 lac to be borne equally by all the

parties. The local commissioner shall submit his report in eight weeks.

30    List for directions on 27.04.2015.



                                       INDERMEET KAUR, J



FEBRUARY10, 2015
ndn





 

 
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