NARENDER KUMAR GOEL Vs. JAI PRAKASH GOEL

JUDGEMENT

(1.) THIS is a suit for partition, permanent injunction and rendition of accounts. The case of the plaintiffs is that they, along with defendant, purchased the property bearing number PU-22, Visakha Enclave, Pitampura, Delhi and, therefore, the parties to the suit have 1/3rd share each in the said property which comprises of ground floor, first floor, second floor and the terrace. The ground floor is stated to be in possession of the defendant whereas the first floor, second floor and the terrace are stated to be occupied by the tenant. It is also alleged that the entire rent of the tenanted portion is being realized by the defendant alone. At one point of time, the aforesaid property was mortgaged with the Union Bank of India, but the loan taken from the bank stands settled on payment of Rs 65 lakhs and a Settlement Certificate dated 3.3.2008 has already been issued by the bank in this regard. It is alleged that on receipt of Settlement Certificate from the bank, the plaintiff approached the defendants and offered to pay their share in the settlement amount of Rs.65 lac, which the defendant had paid to the bank as against the total due of Rs.1,19,78,541/-. The plaintiff claims to have requested the defendant on or about 4.4.2012 to partition the suit property. Since the defendant has neither come forward to partition the suit property nor rendered accounts of rent realized by him from the first floor, second floor and the terrace, the plaintiffs are now seeking a decree for partition of the aforesaid suit property besides rendition of account in respect of the rent realized by the defendant. They are also seeking an injunction restraining the defendant form creating any third party interest in the aforesaid property.

(2.) SINCE the written statement was not filed despite more than 90 days having expired, the defence was struck off vide order dated 20.11.2012. The plaintiffs were, however, directed to file affidavits by way of evidence in order to satisfy the Court with respect to the merits of this case.

(3.) EX .PW1/2 is the certified copy of the Conveyance Deed executed by one Madan Mohan in favour of Jai Prakash Goel, Narender Kumar and Anil Kumar, parties to the suit, in respect of property bearing number PU-22, Visakha Enclave, Pitampura, Delhi measuring 126 sq. yards. Ex.PW1/3 (Colly) are the three site plans filed by the defendant, one in respect of ground floor, second in respect of the first floor and the third one is in respect of second floor of the suit property. Ex.PW1/8 is the Settlement Certificate dated 3.3.2008 which shows that the bank accepted a sum of Rs.65 lac from the defendant Jai Prakash Goel in full and final settlement of its dues against the partnership firm M/s Baboo Lal Jai Prakash. It further shows that Mr. Jai Prakash Goel, defendant in this suit, and Mr. Narender Kumar Goel, plaintiff no.1 in the suit, were the partners of the aforesaid firm, whereas Mr. Anil Kumar, plaintiff no.2 in this suit had, stood guarantor of the loan taken by the said firm.