Delhi High Court
Smt. Sunita vs Ravinder & Ors. on 15 July, 2022
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 04th July, 2022
Decided on: 15th July, 2022
+ CS(OS) 76/2021 & I.A. 1634/2021
SMT. SUNITA
..... Plaintiff
Through: Mr. Rakesh Sherawat & Mr. Vikram
Chaudhary, Advocates.
Versus
RAVINDER & ORS.
..... Defendants
Through: None.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
1. Suit for partition, rendition of accounts with consequential relief of
permanent injunction has been filed on behalf of the plaintiff.
2. Facts
in brief are that Late Sh. Ratan Lal, was the absolute owner and
in possession of property bearing No. 1, Near Shiv Mandir, Zalim Mohalla,
Village Tukhlakabad, New Delhi-110044 and property bearing no. 230,
Zalim Mohalla, Village Tukhlakabad, New Delhi-110044. He died intestate
on 05.09.2002 and was survived by plaintiff/daughter- Smt. Sunita and 4
sons-Ravinder, Anoop, Ashok and Rajeev who are the defendants. Ashok
died on 27.10.2020 leaving behind his wife-Asha, Daughter- Shivali and two
sons- [email protected] laddhu and [email protected] Gaurav, who have been impleaded as
defendant No. 4 to 7.
3. The property bearing No. 1, Near Shiv Mandir, Zalim Mohalla,
Village Tukhlakabad, New Delhi-110044 measuring approximately 836 sq.
Signed By:NIRMLA
TIWARI
Signing Date:18.07.2022
13:05:54
Meter, comprises of 4 shops and 4 residential houses which are in
possession of defendant Nos. 1,2,3 and legal heirs of deceased Ashok i.e.
defendant Nos. 4,5,6 & 7. Property bearing No. 230, Zalim Mohalla, Village
Tukhlakabad, New Delhi-110044 comprises of 4 separate portions
alongwith Veranda which are also in possession of the defendants.
4. It is submitted that the plaintiff after the demise of her father late Shri.
Ratan Lal on several occasions, she claimed her 1/5th share in his properties
but the defendants did not agree. Hence the present suit has been filed
seeking a preliminary and final decree of partition in respect of the suit
properties by metes and bounds to restrain the defendants and to their the
successors from creating third party interest in the properties in question.
5. The defendant Nos. 1, 2 and 3 in their Written Statement have
admitted all the facts as narrated in the plaint and have asserted that they
have never denied to give 1/5th Share in the property to the plaintiff. It is
further mentioned that big portions of both the properties have been let out
and are fetching rent.
6. The defendant no. 4 was served through speed-post on 16.06.2021
while defendant nos. 5 to 7 were served on 11.06.2021. However, they failed
to appear or contest the suit; they were proceeded ex-parte on 15th
December, 2021.
7. Submissions heard.
8. It is an admitted case that late Sh. Ratan Lal, father of the plaintiff and
defendant nos. 1 to 3 and grandfather of defendant nos. 4 to 7 was the
exclusive owner of the suit properties as described above. It is further not in
dispute that late Sh. Ratan Lal died intestate on 05.09.2002 and is survived
by one daughter who is the plaintiff and 4 sons, out of whom 3 are defendant
Signed By:NIRMLA
TIWARI
Signing Date:18.07.2022
13:05:54
nos. 1 to 3. Defendant Nos. 4 to 7 are the legal heirs of deceased son-
Ashok.
9. It is thus an admitted case of the parties that all the parties and the 5
children of Sh. Ratan Lal are entitled to 1/5th share in the two properties with
1/5th share each going to the plaintiff and defendant Nos. 1, 2 & 3 while
1/20th share each to defendant Nos. 4,5,6 & 7(1/5th divided amongst the 4
legal heirs)
10. A preliminary decree is hereby passed whereby the 1/5 th share each in
the two properties going to the plaintiff and defendant Nos. 1, 2 & 3 while
1/20th share in the two properties each to the defendant Nos. 4,5,6 & 7(1/5 th
divided amongst the 4 legal heirs).
11. List for arguments on 29.08.2022 for final decree.
(NEENA BANSAL KRISHNA)
JUDGE
JULY 04, 2022
PA
Signed By:NIRMLA
TIWARI
Signing Date:18.07.2022
13:05:54
