RAJESH GUPTA Vs. HARISH GUPTA

JUDGEMENT

(1.) THE plaintiff has filed the present suit seeking a preliminary decree of partition of suit properties, namely, property No. 2573-A/1, Gali No. 11, Near Jain Mandir, Goverdhan Bihari Colony, Shahadra, Delhi-110032 and property No. E-78, Industrial Area Bahadrabad, Haridwar, Uttranchal and for declaring that the plaintiff has 1/4th share in the properties.

(2.) THE aforesaid matter came up for hearing on 27.07.2012 when an order was passed whereby parties were directed to maintain status quo with respect to the suit properties till the next date.

(3.) THE defendants No. 1 and 3 have filed their reply. It is the contention of the said defendants that after the death of their father, the property at Shahdara was orally partitioned by the parties by metes and bounds and each party got 1/4th share. It is further stated that the plaintiff relinquished his 1/4th share along with 1/4th share of defendants No. 2 and 3 in favour of defendant no. 1 vide registered relinquishment deed dated 28.09.2005. Earlier the plaintiff had executed a Notorised Special Power of Attorney dated 24.09.2005 in favour of defendant No. 2, his mother, authorizing her to execute relinquishment deed. Relinquishment deed has been executed by defendant No. 2, the mother of the plaintiff, on behalf of the plaintiff based on the said Special Power of Attorney. Various documents have been placed on record to show that the plaintiff was not in possession of the suit property. It has been vehemently averred that the plaintiff was not in possession of the suit property on 27.07.2012 as alleged. Hence, it is stated that there has been no violation of any status quo order passed by this Court.