SH. PREM PRAKASH Vs. CHAMPA DEVI

JUDGEMENT

(1.) This review application seeks review of the judgment and decree of this Court dated 26.7.2012 whereby a preliminary decree was passed declaring the plaintiff to be 2/3 rd owner of the property bearing No.1729, Naya Bazar, Delhi-6. Plaintiff had 1/3 rd share as the son of late Lala Gobind Sahai, and another 1/3 rd share came to the plaintiff by virtue of the registered Will dated 8.10.1997 (Ex.PW1/9) of the respondent No.1/mother giving her 1/3 rd share in the suit property to the plaintiff. The review petitioners/defendant Nos.2 to 8 have been held entitled to 1/3 rd share of the suit property.

(2.) The review petition is predicated on three grounds.

(3.) So far as the first aspect that the Court has not considered the fact that partition is proved because by the partition another property bearing No.47/35, Punjabi Bagh, New Delhi was given to the plaintiff, this argument is quite clearly misconceived for the reason that this aspect has been touched upon in para 10(ii) of the judgment dated 26.7.2012 and which reads as under:-