RAJINDER KAUR Vs. GURBHAJAN KAUR

JUDGEMENT

(1.) Leave granted.

(2.) The present appeals arise out of a suit for partition[1] filed by the appellant for partition of the property jointly owned at that time by the appellant-plaintiff and respondents-defendant Nos.1 to 9. Defendant Nos.10 to 14 were impleaded in the suit as they were stated to be tenants on the part of the property. During the pendency of the suit before the Trial Court[2] respondent-defendant No.3, Bhupinder Singh, having sold his share to S.C. Bhalla, he was impleaded as defendant No.3(a). Further, defendant Nos.6 to 9 having sold their shares to the subsequent buyers, who were impleaded as defendant Nos.15 to 19.

(3.) After the amendments were carried out in the plaint, considering the subsequent events and impleadment of subsequent buyers, the final prayer was for partition of the suit property by metes and bounds and in case not possible, sale thereof by open auction and distribution of the sale proceeds amongst the co-sharers. Prayer was also made for directing the defendant Nos. 3 to 9 to furnish accounts of rent collected by them from tenants and a direction to the tenants (defendant Nos.10 to 14) to deposit the rent in the court. Further, the plaintiff sought direction against defendant No.3-Bhupinder Singh to pay mesne profit at the rate of Rs.150.00 per square ft. per month for the area under his occupation. The present litigation is at the stage of passing of preliminary decree. The percentage of shares of the plaintiff and the defendants originally impleaded in the suit, to which no dispute has been raised by the parties before this Court, have been noticed by the High Court[3] in the impugned judgment dtd. 5/4/2018[4]. The same is extracted below: