MOHAN LAL BHATNAGAR Vs. KAMLESH KUMARI BHATNAGAR

JUDGEMENT

(1.) We shall be referring to the parties as per their original nomenclature i.e. plaintiff and defendants.

(2.) Plaintiff filed a suit seeking partition of a residential house bearing No.83 UB, Jawahar Nagar Delhi, on the plea that the recorded owner thereof, Late Sh.Mool Chand Bhatnagar had acquired ownership thereof utilizing compensation received by him for ancestral properties left behind in Pakistan at the time of partition. Since Late Sh.Mool Chand Bhatnagar, during his lifetime had executed a gift deed dated 3.7.1953 gifting the property to his daughter-in-law Kamlesh Kumari (defendant No.1) who is the wife of Late Sh.Sohan Lal, i.e. the mother and the father respectively of the plaintiff, it was prayed that the said gift deed be declared null and void and further since Kamlesh Kumari had sold, vide sale deed dated 29.7.2002, the said property to her daughter-in-law Sangeeta Bhatnagar, the wife of her son Basant Lal Bhatnagar; impleading the said two persons as defendant No.2 and defendant No.4 respectively, it was prayed that the sale deed be declared null and void. Possession of a room on the ground floor adjacent to the courtyard has been sought.

(3.) The suit has been dismissed vide impugned judgment and decree dated 14.9.2010.