NIRMAL KAUR Vs. SURJIT KAUR

JUDGEMENT

(1.) The present application has been filed by the plaintiff under Section 151 read with Section 152 of the Code of Civil Procedure, 1908 with the prayer that direction be issued in terms of the judgment/order dated 23.12.2009 directing Sh. Y.D. Nagar, Local Commissioner to divide the suit property into two equal halves as per his report dated 29.10.2007 and as per plan annexed thereto and allot one share to the plaintiff and one share to the defendants either by agreement or by draw of lots.

(2.) The present suit for partition and possession was filed for property bearing No. C-18, Mansarover Garden, New Delhi. As per the admitted fact in the pleadings the plaintiff on the one hand and defendants on the other hand owned 50% share each of the property. A preliminary decree on this admission was passed on 29.09.2008.

(3.) The defendants filed RFA(OS) 01/2009 challenging the preliminary decree which was dismissed by a Division Bench of this Court vide order dated 07.09.2009. Special Leave Petition in this matter being SLP (Civil) No. 2140/2009 was also dismissed vide order dated 09.02.2009. Before passing the preliminary decree, the court appointed Sh. Y.D. Nagar as Local Commissioner to suggest the division of the property by metes and bounds. The Local Commissioner who is also an Engineer submitted his report dated 29.10.2007 in which he opined that the suit property measuring 611 Square Yards could be divided into two equal halves measuring 305.5 Square Yards each by metes and bounds from the front to the back horizontally from the centre, each party getting 25 feet in the front and 14 feet at the rear with the complete length of 141 feet. Accepting the report of the Local Commissioner, the court passed the final decree on 23.12.2009 declaring that the plaintiff and the defendants are entitled to 50% share each in the suit property and the same be partitioned by metes and bounds as suggested by Sh. Y.D. Nagar, Local Commissioner.