CHETAN DAYAL Vs. ARUNA MALHOTRA

JUDGEMENT

(1.) The petitioner vide the present petition under Article 227 of the Constitution of India seeks the setting aside of the order dated 31.5.2018 of the learned Additional District Judge-05, Patiala House Courts, New Delhi whereby inter alia an application under Order 6 Rule 17 CPC filed by the respondent No.2 herein through his LRs for the amendment in the written statement was allowed.

(2.) Submissions have been made on behalf of the petitioner and the respondents.

(3.) The petitioner in the instant case is the plaintiff of CS No. 56158/16 seeking partition and separate possession of his 1/4th share in property bearing No.E-7/6, Vasant Vihar, New Delhi and has also sought mesne profits and rendition of accounts. The claim of the plaintiff i.e., the petitioner herein is that the suit property was owned by late Sh. Dayal Chand Kaith vide a perpetual lease Deed dated 6.4.1971 and late Sh. Dayal Chand Kaith vide a gift deed dated 3.6.1974 transferred his half undivided share in the suit property to the defendant No.1, i.e., the respondent No.1 herein, and made his last and final Will dated 4.2.1997 by virtue of which he bequeathed his half undivided share to the defendant No.2, i.e., the respondent No.2 herein, and the remaining half undivided share to the plaintiff. The petitioner further submitted that Sh.Dayal Chand Kaith died on 3.12.1997 and on his death, the plaintiff to the suit, i.e., the petitioner herein and the defendant no.2, i.e., the respondent No.2 herein now represented through his legal representatives, became the owners of 1/4th undivided share in the suit property bearing No. E-7/6, Vasant Vihar, New Delhi, with the defendant No.1 i.e., the respondent No.1 herein being the owner of 1/2 share of the suit property and thus the plaintiff, i.e., the petitioner herein, came into constructive possession of the suit property and became entitled to rent from the tenant and to possession thereof upon vacation by the tenant.