RANU SEN Vs. KANDARPA SEN

JUDGEMENT

(1.) THE present petition has been filed by the petitioner Ranu Sen (plaintiff No. 1 in the suit) wife of the respondent Kandarpa Sen (defendant No. 2 in the suit) under Article 227 of the Constitution of India for setting aside the impugned order dated 6th September, 2012 passed in the Civil Judge, Delhi in Suit No. 391/2008. The facts of the case in brief are that the petitioner is the wife of the respondent who has a marital dispute with her. The father of the respondent owned a leasehold property bearing No. B -239, Chittaranjan Park, New Delhi, by virtue of his status of a displaced person from the erstwhile East Pakistan. The father of the respondent expired in 1984. After his death, the respondent together with his mother, sister and younger brother became the joint owners of the said property. In the year 1987, the respondent, his late brother and sister executed a relinquishment deed in favour of their mother for mutation purposes.

(2.) IN 2005, the said property was re -built and four similar flats were constructed each having a separate ingress and egress. Two flats were constructed on the ground floor and two on the second floor while the first floor fell into the share of the builder.

(3.) THE respondent filed the written statement dated 18th August, 2008. In the written statement, the respondent admitted the case of the petitioner in the suit as to 1/4th share for each of the four legal heirs in the suit property, i.e. 1/4th for the respondent and 1/4th each to his mother, brother and sister. Subsequently, the respondent in collusion with his mother, sister etc. by challenging his stand on 21st August, 2008 filed second written statement through another counsel whereby the facts stated in the said written statement are inconsistent with his previous pleadings in the earlier written statement dated 18th August, 2008.