ASHA JAIN Vs. ANIL KUMAR JAIN

JUDGEMENT

(1.) The plaintiffs have, in the present suit, claimed a partition decree and other consequential reliefs, including injunction and damages.

(2.) Briefly the facts are that the plaintiffs claim to be co-owners of the suit property, being No. 181, Gagan Vihar, Delhi-110 092, (which measures 200 sq. yards, and has a building constructed upon it), comprising of ground floor. The plaintiffs trace their title to a Registered Deed dated 06.07.2000. The suit mentions that the original owner of the property was one Sh. Manphool Singh, who parted with interest in the property, (including possession), to the plaintiffs and the defendant, by virtue of an Agreement to Sell dated 11.08.1995, and received Rs.5,50,000/- from them. It is stated that besides the plaintiffs and defendant, there was a fourth co-owner, Sh. Vijay Kumar Jain, who sold his proportionate one-fourth share in the suit property to the plaintiffs and defendant. The said Sh. Vijay Kumar Jain was the first plaintiff"s brother.

(3.) The averments further disclose that the first plaintiff is related to the defendant, being his sister-in-law, and that the second plaintiff and the defendant are also closely related, being maternal first cousins.