SATWANT KAUR Vs. SANJEEV SINGH CHAWLA

JUDGEMENT

(1.) I have heard learned Counsel for the parties as well as the applicant in I.A. No. 9569/2011, and I proceed to dispose of the same by this common order. The plaintiff has filed the present suit to seek the passing of a preliminary decree for partition declaring the share of plaintiff and the two defendants in the suit property i.e. B-3, Second Floor, Geetanjali Enclave, Malviya Nagar, New Delhi and also seeking the passing of a final decree of partition by metes and bounds allocating the respective shares of the three parties. In the alternative, the plaintiff seeks auction/sale of the suit property and distribution of the proceeds as per the share of the parties. Decrees of permanent injunction have been sought restraining the defendants from dealing with the suit property or for dispossessing the plaintiff or allowing the entry of others in the suit property. The undisputed facts of the case are that the plaintiff, wife of defendant No. Jasmine Kaur Chawla and defendant No. 2 Rishu Chawla jointly purchased the suit property. It is not in dispute that the share of the said three persons in the suit property was 1/3rd each. Defendant No. 1 is the son of plaintiff and defendant No. 2 is the wife of the elder son of the plaintiff. The plaintiff claims that on 29.8.2008, the applicant/Jasmine Kaur Chawla gifted her 1/3rd share in the suit property in favour of defendant No. 1 vide registered gift deed dated 29.8.2008. The applicant has filed IPA No. 4/2009 before this Court assailing the said gift deed dated 29.8.2008. The said IPA is still pending disposal. The applicant has also filed proceedings under The Protection of Women from Domestic Violence Act, 2005 (DV Act) claiming that the suit property was a shared household and she, therefore, claims the right to reside in the said property.

(2.) In the aforesaid background, the applicant has filed the aforesaid application seeking impleadment as party defendant in the suit.

(3.) On the other hand, the parties to the suit are agreeable that the suit property be partitioned and for that purpose I.A. No. 1755/2012 has been moved by the plaintiff under Order 12 Rule 6, CPC.