KIRPAL KAUR Vs. RAM SINGH

JUDGEMENT

(1.) APPELLANT Mrs.Kirpal Kaur has filed the present Regular First Appeal under Section 96 of the Code of Civil Procedure read with Section 10 of Delhi High Court Act against the judgment and decree dated 21st January, 2011 passed by the learned Single Judge of this Court in CS(OS) No. 2172/2003. The appellant who was the plaintiff had filed a suit seeking a decree for declaration and partition of the following properties:-

(2.) SHE had also sought a share in the rent received from property No.45 Sant Nagar, East of Kailash, New Delhi and in the income generated from the agricultural land at village Jahgirpur and village Patial.

(3.) THE case of the appellant was that the respondent No.1 had two brothers named Prem Singh and Dayal Singh and one sister named Smt.Har Kaur. On the death of Dayal Singh his share in the ancestral property i.e. the agricultural lands is being used by his legal heirs, whereas the sister Har Kaur had relinquished her share in favour of the legal heirs of Dayal Singh. The remaining agricultural land is alleged to be jointly owned by respondent No.1 Ram Singh and his brother Prem Singh. In the year 1954, respondent No.1, out of the funds received from the agricultural land, purchased the plot bearing No.45, Sant Nagar, East of Kailash, New Delhi, on which he constructed two rooms and kitchen, bathroom etc. in the year 1957-1958. In the years 1980-1982, second phase of the property was constructed using money sent by the husband of the appellant who was working in Kuwait since the year 1978-1979 used to send money regularly to his parents. The first floor of the property was occupied by respondents No.1 and 2, whereas second floor was occupied by the appellant and basement and the ground floor were let out to the tenants from whom the rent is being received by respondent No.1. Appellant pleaded that the respondent No.1 had purchased the plot of land in Saini Farms in the name of the husband of the appellant. RFA (OS) No.41/2011 Page 2 of 15 The plot was sold by the respondent No.1 who gave only Rs.1,82,000.00 to her husband while the balance amount was distributed amongst respondents No.1 to 4 and the wife of respondent No.2.