SURJIT SINGH Vs. EKTA GULATI

JUDGEMENT

(1.) THIS first appeal under Section 96 of the Code of Civil Procedure, 1908 impugns the judgment and decree dated 31.01.2012 in a suit for partition of immovable property being Shop No. 66, Bhagat Singh Lane, Gole Market, near Connaught Place, New Delhi filed in the year 2009 by the respondent No. 1 namely Mrs. Ekta Gulati.

(2.) THE learned Addl. District Judge has held that the said shop belonged to Shri Purushottam Singh who died intestate in March, 1984 leaving a widow, two sons (the appellants herein) and three daughters (respondents herein); that the widow of Shri Purushottam Singh also died intestate in October, 1991. Accordingly, a preliminary decree for partition has been passed holding the two sons and three daughters of Shri Purushottam Singh to be having 1/5th undivided share each in the said shop. The appellants have also been injuncted from parting with possession, selling, encumbering the said shop.

(3.) IN the circumstances, what stands admitted/proved is that the father of the parties, namely Shri Purushottam Singh was having rights in the said shop, whether they be ownership rights or rights by way of adverse possession or merely possessory rights. The said rights, on the demise of Shri Purushottam Singh, are being enjoyed by the appellants only who are but two out of five legal heirs of Shri Purushottam Singh. The appellants, while continuing to enjoy the said rights, cannot deny the share of the daughters of Shri Purushottam Singh therein on the specious plea of Shri Harbhajan Singh being the recorded owner of the shop.