AJAY MIGLANI Vs. MONA SARIN

JUDGEMENT

(1.) THIS is a suit for partition and rendition of accounts. The case of the plaintiffs is that properties mentioned below are joint properties of the plaintiffs and the defendant, who have 1/3rd share each in them:

(2.) THE plaintiffs are the brothers of the defendant. THE learned counsel for the defendant states that there is no dispute that the properties, subject matter of this suit, are joint properties of the parties and they have 1/3 rd share each in them, but, according to the defendant, the remaining half of property NoD-17B, Ground Floor, Kailash Colony, New Delhi and Ground Floor of F-237, New Rajinder Nagar, New Delhi was also owned by their father late Sh. K.L. Miglani and, therefore, the defendant has 1/3 rd share in the whole of these two properties. THE case of the plaintiffs with respect to these properties is that only 50% share in them was owned by late Sh. K.L. Miglani, father of the parties, whereas the remaining 50% in property No.D- 17B, Ground Floor, Kailash Colony, New Delhi is owned by plaintiff No.2, and 50% in ground floor of property No.F- 237, New Rajinder Nagar, New Delhi is owned by plaintiff No.1. Admittedly, the title deeds of these two properties stand in the joint name of the father of the plaintiffs and plaintiff No.2, whereas the title deed of property No.F-237, Ground Floor, New Delhi stands in the joint name of the father of the parties and plaintiff No.1. the learned counsel for the defendant states that the defendant will take such independent remedies as are open to her in law to prove that the whole of these two properties were owned by their father late Sh. K.L. Miglani and she has no objection to half share of these two properties being made, subject matter of the partition decree to be passed in this suit.