NARINDER KUMAR GOVIL Vs. M.K.GOVIL

JUDGEMENT

(1.) By virtue of instant appeal, appellant impugns the preliminary decree of partition dtd. 9/2/2017 (hereinafter referred to as "preliminary decree") and the final decree of partition dtd. 8/3/2017 (hereinafter referred to as "final decree") passed by Learned Single Judge in suit bearing CS(OS) 388/2016 (hereinafter referred to as "suit").

(2.) Respondent no.1 instituted a suit for partition of property bearing no. 319, Deepali, Pitampura, Delhi-110 034 (hereinafter referred to as "property") and for rendition of accounts against respondent no.2, appellant and respondent nos.3 to 5 on the basis of the rent recovered by appellant herein with respect to the second floor of the property, claiming that the property belonged to Late Mr. N.K. Govila, who had died intestate on 9/5/2001. The parties herein are related to Late Mr. N.K. Govila as he is the father of appellant and respondent nos.1 to 3 and father-in-law of respondent no.4 and grandfather of respondent no.5. Said Late Mr. N.K. Govila died intestate leaving his legal heirs namely widow, Late Ms. Shakuntala Goyal, appellant, respondent nos.1 to 3 and late Ms. Madhu Gupta, predecessor-in-interest (wife of respondent no. 4 and mother of respondent no. 5) of respondent nos.4 and 5, who acquired 1/6th share each. Thereafter his daughter, late Ms. Madhu Gupta also died intestate leaving her surviving legal heirs namely respondent nos.4 and 5. Resultantly appellant and respondent nos.1 to 3 acquired 1/5th share each and respondent nos.4 and 5 acquired 1/5th share conjointly in the property.

(3.) Respondent nos. 2, 4 and 5 in their consolidated written statement and respondent no.3 in her separate written statement, admitted and supported the case of respondent no.1 with respect to partitioning of property and also rendering of accounts of rent realised from second floor of the property.