JAGMOHAN NATH KAPOOR Vs. MANMOHAN NATH KAPOOR

JUDGEMENT

(1.) I.A. No. 902/2011 This is an application filed by the plaintiff under Sections 2 and 3 of the Partition Act seeking to purchase the share of the defendant in the suit property for a consideration of Rs. 2 crores.

(2.) VIDE order dated 21st January, 2011, this court passed a preliminary decree for partition of the suit property i.e. property no. F-11, Lajpat Nagar-III, New Delhi admeasuring 200 square yards and comprising of ground floor, first floor and second floor. The plaintiff has one half share in the suit property whereas the remaining half share is owned by the defendant. Shri Jayant K. Mehta, Advocate was appointed as local commissioner to suggest ways and means by which the partition could be effected. The local commissioner could also take the assistance of an architect if found necessary in the circumstances of the case.

(3.) THE second mode of partition has been left out by the local commissioner. THE third mode of partition which requires alteration of the existing construction is not acceptable to the plaintiff though it is acceptable to the defendant. That leaves the court only with the first mode of partition whereby the ground floor can be given to one party, the first floor can be given to other party and the terrace rights can be given to either of them and the other party suitably compensated. In this mode, both the parties will have a right to passage and use of the stair way and circulation area. THE first mode of partition is acceptable to the defendant but not acceptable to the plaintiff. THE learned counsel for the plaintiff states that his client is not in a position to accept either the ground floor or the first floor for the three reasons that:-