Delhi High Court
Smt Minakshi Sharma & Ors vs Sh Rakesh Sharma & Ors on 20 September, 2016
$~36.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 321/2016 and I.A. 7692/2016
SMT MINAKSHI SHARMA & ORS ..... Plaintiffs
Through: Mr. Amit Sharma, Advocate with
plaintiffs No.1 to 3 in person.
versus
SH RAKESH SHARMA & ORS ..... Defendants
Through: Ms. Anita Sahani, Advocate with D-1 to
D-4 in person.
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI
ORDER
% 20.09.2016
1. The plaintiffs have instituted the present suit for partition and
permanent injunction against the defendants in respect of the landholdings
owned by Shri Mange Ram Sharma (father-in-law of the plaintiff No.1,
grandfather of the plaintiffs No.2 and 3, father of the defendants No.1, 3 and
4 and husband of the defendant No.2).
2. Shri Mange Ram Sharma had expired on 21.01.2005, leaving behind
his widow (defendant No.2) two daughters (defendants No.3 and 4) and two
sons, defendant No.1 and late Shri Rajesh Sharma (predecessor-in-title of
the plaintiffs No.1 to 3). Shri Rajesh Sharma had expired on 30.03.2015,
leaving behind the plaintiffs as his surviving legal heirs. It has been averred
in the plaint that on 16.07.2015, the defendants No.2 to 4 had relinquished
their shares in the landholdings in favour of the defendant No.1 by executing
a Relinquishment Deed.
3. In the month of April, 2016, the defendants had applied to the
Revenue Authorities for demarcation of the landholdings. In response
thereto, plaintiff No.1 had had filed her objections before the SDM, Hauz
Khas, District South, New Delhi, requesting that no demarcation be
undertaken without the permission of the plaintiffs herein. As the plaintiffs
were informed that the Revenue Authorities were proceeding to take steps to
demarcate the landholdings, they have instituted the present suit for
partition.
4. At the outset, counsel for the plaintiffs seeks leave to confine the
relief in the present suit in respect of the parcels of land comprised in Khasra
No.335/319/4 (Min (1-13) and Khasra No.339/4 (0-5), situated in Village
Yusuf Sarai, New Delhi.
5. Summons were issued in the suit on 22.07.2016. On the said date, an
ex-parte ad interim injunction order was granted, directing the defendants to
maintain status quo in respect of the subject landholdings.
6. Ms. Anita Sahani, learned counsel enters appearance for all the
defendants and states on instructions that the defendants have no objection
to the present suit being decreed, by declaring that the plaintiffs are
collectively entitled to 1/5th undivided share in the landholdings and the
defendant No.1 is entitled to the remaining 4/5th share therein, on the basis
of the Relinquishment Deed executed in his favour by the defendants No.2
to 4.
7. Accordingly, with the consent of the parties, the present suit is
decreed by declaring that the plaintiffs are collectively entitled to 1/5th
undivided share in the landholdings and the defendant No.1 is entitled to the
remaining 4/5th undivided share. The parties shall jointly approach the
Revenue Authorities for seeking demarcation of the subject land in the first
instance, whereafter they shall take steps to divide the landholding in
proportion to their respective shares. Once that is done with mutual efforts,
the parties shall be entitled to deal with their respective shares as they may
deem fit. Decree sheet be drawn accordingly.
8. The suit is disposed of alongwith the pending application.
HIMA KOHLI, J
SEPTEMBER 20, 2016
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