BALDEV RAJ GADHOK Vs. SUMAN KUMAR GADHOK

JUDGEMENT

(1.) THE present appeal has been filed challenging the order dated 26.09.2013 (hereinafter referred to as ,,impugned order) passed by a learned Single Judge in I.A. No.17029/2012 filed in CS(OS) No.1004/2012. By the impugned order, the learned Single Judge has dismissed I.A. No.17029/2012 filed by the appellant/plaintiff under Order 39 Rule 1 & 2 of the Code of Civil Procedure, inter alia, seeking payment of the 1/3rd share of the monthly rent of Rs.1,78,200/ - and also the arrears of the monthly rent as received by the respondent nos.1 to 4, in respect of the property in question.

(2.) THE appellant had filed the suit CS(OS) No.1004/2012, in respect of property bearing no. 36A, DLF Industrial Area, Najafgarh Road, Moti Nagar measuring 962 sq. yards (hereinafter referred to as the ,,suit property), whereby the appellant had sought a decree of declaration against defendant nos.1 to 8 declaring the Gift Deed dated 19.11.2001 in respect of the said property as being null and void. The appellant had also sought a decree of partition of the suit property and possession of 1/3 rd share of the suit property. The reliefs sought by the appellant in the suit are premised upon the appellant being 1/3rd owner of the suit property which in turn is disputed by defendant nos. 1 to 8.

(3.) IT was stated by the appellant/plaintiff that on 19.08.1963, Raj Rani retired from the said partnership firm and transferred her share equally to the remaining four partners. On 20.08.1963, a Partnership Deed was executed between the remaining four partners and their shares in the assets of the partnership firm including the immovable property were agreed as under: -