P.K.BHARTI Vs. AMAR SINGH

JUDGEMENT

(1.) The abovementioned petition has been filed by the petitioner against the impugned order dated 8th March, 2013 passed by Civil Judge-02 (South) Saket Courts, New Delhi in Civil Suit No.548/2011.

(2.) Brief facts as culled out from the petition are that the plaintiff and the defendant are real brothers. The father of the parties to the suit namely Late Sh. Gainda Ram S/o Late Sh. Ramji Lal, R/o 33, Bhim Gali, Bhagwan Nagar, New Delhi-1100 14 was the owner of the property bearing No.33 measuring 90 sq. yards falls in Khasra No.255, Mauja Kilokri, situated at Bhim Gali in the colony known as Bhagwan Nagar, New Delhi-1100 14 by virtue of registered Will as document No.3788, in Addl. Book No.III, Volume No.461, on page 15 on 5th August, 1988, in the office of Sub-Registrar-III, Asaf Ali Road, New Delhi duly executed by its erstwhile owner Sh. Mool Chand S/o Sh. Kalka Das, R/o D-27, Ranjit Nagar, New Delhi. The father of the parties was expired on 11th December, 1994, leaving behind the parties to the suit including the mother of the parties to the suit namely Smt. Durgi. All his legal heirs inherited the 1/3rd undivided share in the aforesaid property each. Smt. Durgi widow of Late Sh. Gainda Ram (mother of the parties to the suit) released, relinquished, surrendered, disclaimed, given up all her right, title, claim, share or interest of any nature in the said property in favour of the parties to the suit, in blood relation with natural love and affection and in respect thereto she executed a Relinquishment Deed dated 18th December, 2000 which was got registered on 2nd January, 2001. By virtue of the said Relinquishment Deed both parties to the suit become the owner 50%-50% share each in the property. Unfortunately, on 9th May, 2007 the mother of the parties to the suit namely Smt. Durgi was expired.

(3.) The case of the petitioner is that thereafter on 26th March, 2002 a Memorandum of Oral Partition executed between the parties to the suit and equally got shared/partitioned of the abovesaid property between them. The suit property fell into the share of the plaintiff by virtue of the said Memorandum of Oral Partition vide dated 26th March, 2002.