RAKESH KATYAL Vs. UMA PATI SOOD

JUDGEMENT

(1.) This suit is filed by the plaintiff seeking a decree of partition of property No. D-2/7, Janak Puri, New Delhi measuring 351 sq. mtrs declaring the share of the plaintiff as one fourth share.

(2.) The case of the plaintiff is that late Shri Jagan Nath Sood became the owner of the freehold land measuring 351 sq mtrs bearing No. 7, Block D2, Janak Puri, New Delhi vide the conveyance deed dated 28.06.2002. On 23.03.2007 Shri Jagan Nath Sood died intestate leaving behind four legal heirs including defendant No.1 his son/Uma Pati Sood and another son Shri Rama Pati Sood and two daughters. His wife expired in 2007. On 23.02.2013 the two daughters relinquished their right, title and interest in favour of their brothers, namely, defendant No.1 Shri Uma Pati Sood and Shri Rama Pati Sood vide registered relinquishment deed. Rama Pati Sood at the relevant time was residing in USA and executed his General Power of Attorney in favour of one Mrs.Kiran Aggarwal and empowered her to sell and transfer his half undivided share in the property/land. The said power of Attorney holder on behalf of Rama Pati Sood executed a sale deed on 24.11.2015 in favour of Defendant No.2, M/s Jolly Brothers Buildwell Pvt. Ltd. and defendant No.3. Hence, Defendant No.2 and Defendant No.3 became owners of 1/8th undivided share each in the said land. M/s Jolly Brothers Buildwell Pvt. Ltd executed a sale deed on 26.12.2018 and sold their undivided share in the land to Mr.Rakesh Katyal i.e. the plaintiff. Hence, Plaintiff claims one fourth undivided share in the land. The share of the parties is stated as follows:

(3.) Hence, the present suit for partition.