VEENA MONGA Vs. RAVI MONGA

JUDGEMENT

(1.) BY this order, I propose to dispose of the application filed by defendant Nos.7-10 under Section 151 CPC, seeking permission to rent/lease out the property, bearing Shed No.3, Plot No.9/45, Kirti Nagar Industrial Area, New Delhi (hereinafter referred to as the "Shed No.3") in the suit filed for separate possession by way of partition, under Section 26 read with Order VII, Rule 1 CPC.

(2.) THE brief facts, as per the case of the plaintiff, are that the plaintiff herein is the widow of Late Shri Gopal Mohan Monga, who is one of the five sons of Late Shri Haveli Ram Monga. Late Shri Haveli Ram Monga purchased property bearing Plot No.9/45, Industrial Area, Kirti Nagar, New Delhi (herein after referred to as the "Joint Property/Said Property"), at a public auction held on 08.12.1958 out of the joint funds. THE said property is divided into three parts, Shed 1, Shed 2 and Shed 3. After the death of Shri Haveli Ram Monga, the said property devolved upon his five sons. On 18.12.1970, by virtue of a family settlement (hereinafter referred to as the "First Family Settlement"), Late Shri Haveli Ram Monga, his wife Late Smt. Pushpawati Monga and his five sons reduced in writing the terms of settlement and it was agreed mutually that each will be the owner to the extent of one- seventh (1/7th) share in the joint property. Late Shri Haveli Ram Monga died on 09.02.1986.

(3.) THE plaintiff states that defendant Nos.1 & 2 have entered into an Agreement to Sell with defendant Nos.7-10 and have illegally obtained a Possession Letter without the consent or knowledge of the plaintiff who is the joint owner of the said property.