Delhi High Court
Rekha Pujji vs Mahinder Pal Singh Pujji on 9 March, 2018
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 01st March, 2018
Pronounced on: 09th March, 2018
+ CS(OS) 336/2014, IA No.25342/2015
REKHA PUJJI
..... Plaintiff
Through : Mr.Hemant Chaudhri and
Mr.Arjun Bhaskar, Advocates.
versus
MAHINDER PAL SINGH PUJJI
..... Defendant
Through : None being ex-parte.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
YOGESH KHANNA, J.
1. This is a suit for partition filed by an estranged wife against
her husband. The plaintiff claims to have been ousted from her
matrimonial home by her husband - the defendant herein.
2. Both of them were married on 30.11.1989. The plaintiff and
the defendant claim to be the joint owners of the suit properties viz
a) C-4F/283 (Commercial shop + flat on Main Road) , Janakpuri,
New Delhi; b) shop bearing No.17/2864, Beadonpura, Karol Bagh,
New Delhi; c) Flat bearing No.C-3, Amit Apartments, Mall Road,
Solan, Himachal Pradesh (hereinafter referred as the 'Janakpuri',
'Karol Bagh' and 'Solan' properties respectively). The plaintiff is
alleged to be in constructive possession of the above said three
properties, being the wife of the defendant. She filed a petition
No.3107/4/2012 against the defendant for grant of maintenance
under Section 125 of the Criminal Procedure Code which is
pending in the Court of learned Mahila Court-03, West District,
Tis Hazari Courts, Delhi. She has also filed a Civil Suit
No.224/2012 for permanent injunction which is pending in the
Court of learned Civil Judge, West District, Tis Hazari Courts,
Delhi. The defendant in both the proceedings, in his reply had
admitted the three properties are jointly owned by the plaintiff and
the defendant.
3. The plaintiff has been calling upon the defendant time and
again to partition the above said suit properties, but he had not
come forward to partition the same, hence this suit.
4. It is alleged the defendant is in the process of selling the suit
properties and the plaintiff being a joint owner of ½ undivided
share in all these properties is entitled for lawful partition of the
same by metes and bounds and in the alternative for ½ share in the
sale proceeds of the suit properties.
5. It is pertinent to mention when the defendant was proceeded
ex parte a preliminary decree for partition was passed on
13.10.2014. However, the order qua passing of the preliminary
decree was set aside on 18.01.2017 and the plaintiff was directed
to lead evidence.
6. Undisputedly, the defendant is ex parte. The plaintiff has
examined herself as PW1 and had tendered her affidavit of
evidence as Ex.PW1/A and relied upon the documents as
Ex.PW1/1 to Ex.PW1/5. The document Ex.PW1/1, Ex.PW1/2, and
Ex.PW1/3 are the certified copies of the sale deed (s) of the
Jankapuri, Karol Bagh and Solan properties respectively.
7. As per the observation of this Court, the document
Ex.PW1/4 is the certified copy of the petition under Section 125 Cr
PC filed by plaintiff and Ex.PW1/4A is the certified copy of reply
filed by the defendant; Ex.PW1/5 is the certified copy of the Civil
Suit No.224/2012 filed by plaintiff and Ex.PW1/5A is the certified
copy of the written statement filed by the defendant.
8. The plaintiff had examined PW2 Shri Vivek Yadav, LDC,
Office of Sub Registrar-II, Delhi, who produced the summoned
record of sale deed dated 20.09.2005 vide registration No.26174,
additional book No.1, Volume No.13226 at pages 157-160
pertaining to Janakpuri property.
9. PW3 Shri Daulat Ram Kashyap, UDC, Office of Sub
Registrar-III, Delhi, produced the summoned record i.e. sale deed
dated 06.05.2008 vide registration No.3501, additional book No.1,
Volume No.12757 at pages 24-32 pertaining to Karol Bagh -
Ex.PW2/A.
10. PW4 Captain Mahinder Pal Singh Pujii is the defendant/
husband of plaintiff, who was summoned and was examined as a
witness. He deposed the original sale deed Ex.PW1/A was
executed by Shri N.K. Anand in favour of plaintiff is in her
possession as also the original sale deed Ex.PW1/2 pertaining to
Karol Bagh property. The witness deposed the original sale deed
Ex.PW1/3 executed by Shri Om Prakash Sahni in favour of both
the plaintiff and defendant pertains to Solan property is in
possession of Punjab National Bank, Solan Branch as a security
against the loan taken by them.
11. The defendant is though ex parte in the matter but has
appeared as a witness on behalf of plaintiff and had deposed the
original title deeds of all three properties are in possession of the
plaintiff alongwith the keys of the properties and the said
properties are lying vacant and it is for the plaintiff to deal with the
said properties as he has never entered into any lease deed in
respect of any of such properties nor had ever entered into the said
properties. The plaintiff then closed her ex parte evidence.
12. After going through the entire material on record and
evidence adduced by the plaintiff and in particular the deposition
of the PW4, I hereby pass a preliminary decree of partition of
above said three properties namely a)C-4F/283 (Commercial shop
+ flat on Main Road), Janakpuri, New Delhi; b) shop bearing
No.17/2864, Beadonpura, Karol Bagh, New Delhi; c) Flat bearing
No.C-3, Amit Apartments, Mall Road, Solan, Himachal Pradesh
declaring the shares of the plaintiff and the defendant in the ratio of
50:50 share.
13. Hence Ms.Shikha Thakur, Advocate (M.No.8800984489) is
appointed as a Local Commissioner to suggest ways to divide the
above three properties by metes and bounds or otherwise. The
Local Commissioner shall give notice to both the parties prior to
the execution of the commission and visiting the properties. The
fee of the Local Commissioner is fixed at `1.00 Lac besides all out
of pocket expenses. The fees of the local commissioner shall be
borne by both the parties in equal share.
14. List on 26.07.2018 to await the report of the Local
Commissioner.
YOGESH KHANNA, J
MARCH 09, 2018
M
