SHAHID KHALIL Vs. ZAHID KHALIL

JUDGEMENT

(1.) PLAINTIFF has filed this suit for declaration, partition, rendition of accounts and permanent injunction against the defendants.

(2.) DEFENDANT nos. 1 and 2 are step brothers of plaintiff. Disputes between the parties relate to property bearing no. C-47 and C-48, Jangpura (B), New Delhi (hereinafter referred to as "suit property"). As per the registered sale deed dated 3rd March, 1964, the suit property stands in the name of Shahid Khalil and Zahid Khalil. Shahid Khalil and Zahid Khalil are the joint owners of the suit property by virtue of the aforementioned sale deed. DEFENDANT no. 3 is a tenant in the suit property.

(3.) DEFENDANT no.3, in his written statement, admitted that he was occupying the suit property as a tenant. It was alleged that defendant no. 2 never dealt with defendant no. 3 with regard to suit property. It is only defendant no. 1, who had been approaching the defendant no. 3 for collecting the rent. It was stated that in the civil suit defendant no. 1 did not disclose that defendant no. 2 was also known as "Shahid Khalil". As per defendant no. 3, after the disposal of application of the plaintiff, he had filed Civil Revision Petition in the High Court, which was pending.