MRIGENDRA PRITAM VIKRAMSINGH STEINER Vs. JASWINDER SINGH

JUDGEMENT

(1.) This order shall dispose of three applications bearing IA Nos. 10546/2009 under Order VII Rule 11 (a) Code of Code of Civil Procedure filed by the Defendant No. 1, IA No. 7093/2009 under Order XXXVIII Rule 5 Code of Code of Civil Procedure and IA bearing No. 7094/2009 under Order XL Rule 1 Code of Code of Civil Procedure filed by the Plaintiffs.

(2.) Briefly stated the facts of the case are that the Plaintiffs are four daughters of Late Shri Rajendra Vikram Singh. The suit was filed for partition of two properties bearing No. B-10, West End, New Delhi and a commercial property bearing No. 510, Suryakiran Building, 19, Kasturba Gandhi Marg, New Delhi marked in green in Schedule-I. The Surya Kiran Property was purchased from the Defendant No. 6. So far as the property in West End is concerned, it was alleged that it was a joint property of their deceased father Rajendra Vikram Singh and his brother Jaswant Singh (since deceased). The Defendant No. 1 Jaswinder Singh is the son of Late Shri Jaswant Singh. The Defendant No. 2/Ms. Surinder Kaur is the widow of Jaswant Singh. The Defendant Nos. 3 and 4 and 5 Jasdeep Kaur, Harpreet Kaur and Hardeep Kaur are the daughters of Late Shri Jaswant Singh. The Defendant No. 6 is stated to be Ansal Properties from whom the commercial property bearing No. 510, Suryakiran Building, 19, Kasturba Gandhi Marg, New Delhi was purchased. The Defendant No. 7 is the tenant in respect of rear half portion of the West End property while as the Defendant No. 8 is the tenant in respect of the commercial property bearing No. 510, Suryakiran Building, 19, Kasturba Gandhi Marg, New Delhi.

(3.) It was the case of the Plaintiffs that their father was the joint owner of West End property and two separate buildings were constructed on the said plot. The front portion of the building belonged to Late Shri Jaswant Singh, predecessor-in-interest of Defendant Nos. 1 to 5 while as the rear portion of the building facing towards the South End side owned by Rajendra Vikram Singh father of the Plaintiffs, which is presently under the occupation of a tenant paying rent to the Defendant No. 1. Similarly, the property Surya Kiran Building is also under tenancy. Though the names of the tenants are given but it is stated that as of date they are not the tenants.