RUQAIYA BEGUM Vs. BASHIR AHMED KHAN

JUDGEMENT

(1.) THIS is a suit for partition, possession, injunction and recovery of mesne profit/use and occupation charges. The plaintiffs are the sisters of the defendants. Their case is that their father late Abdul Hafeez Khan was the owner of Shop No. 5158, Ward No. XIII, Rui Mandi, Sadar Bazar, Delhi and in his lifetime, he had sold the said property to the parties to the suit vide sale deed dated 24.09.1985. It is alleged that in the year 2006, defendant No. 2 Razia Begum had instituted a suit for partition of the said property. That suit was decreed as compromised between defendant 1 Bashir Ahmed Khan and defendant 2 Razia Begum. Under the compromise, defendant No.1 paid a sum of Rs 3 lakh to defendant No. 2, who relinquished her share in the suit property, in favour of defendant No.1. It is alleged that despite notice dated 15.05.2010 from plaintiff No.1, defendant No. 1 has not handed over the share of the plaintiffs in the suit property to them. The plaintiffs are now seeking 2/5th share in the suit property along with damages/mesne profits for last three years, amounting to Rs 4,32,000.00.

(2.) ON 27.11.2012, defendant No.1 made statement admitting therein that the plaintiffs have 2/5th share in the suit property and stating that he had no objection if the plaintiffs are given that much share in the said property. As far as defendants 2 and 3 are concerned, they were proceeded ex parte vide order dated 02.02.2012, since they refused to accept the summons issued by the Court.

(3.) EX .PW-1/B is the certified copy of the sale deed purporting to be executed by late Shri Abdul Hafeez Khan in favour of defendant No. 1 Bashir Ahmed Khan, plaintiff No.2 Safia Begum, plaintiff No.1 Ruqaiya Begum, defendant No.2 Razia Begum and defendant No.3 Suraiya Begum, thereby selling a shop situated on the ground floor of property No. 5158, Ward No. XIII, Rui Mandi, Sadar Bazar, Delhi to them for a consideration of Rs 10,000.00. That sale deed is not under challenge by any party. In view of the sale deed in favour of the parties to the suit, they became its co-owners in equal shares.