TARUN K. VOHRA Vs. RAVIR K. VOHRA

JUDGEMENT

(1.) The appellant has filed the present intra court appeal impugning an order dtd. 4/4/2022 (hereafter 'the impugned order') passed by the learned Single Judge in CS (OS) 508/2021 captioned Pravir K. Vohra and Ors. v. Tarun K. Vohra. In terms of the impugned order, the court had issued a preliminary decree declaring the appellant (arrayed as defendant in the suit) and the respondents (the plaintiffs in the suit) as owners of 1/4th share each in respect of the property bearing Municipal No.D-7/7, Vasant Vihar, New Delhi comprising of part of the basement and the ground floor (left hand side)built on land admeasuring 780 square yards and the undivided interest in the land underneath (hereafter 'the Suit Property').

(2.) The respondents (plaintiffs) had instituted the afore-mentioned suit, CS(OS) 508/2021, seeking a decree of declaration, that each of the parties own 1/4th undivided share in the Suit Property and that its partition be done by metes and bounds. They also sought a decree for mesne profit/ damages at the rate of ?1,75,000/- per month from October 2020 till the physical partition of the Suit Property along with interest at the rate of 12% per annum, against the appellant (defendant).

(3.) Admittedly, the Suit Property belonged to the father of the appellant and the respondents herein, Late Sh. B.B. Vohra, who was a member of the Government Servant Co-operative House Building Society Ltd. (hereafter 'the CBHS Ltd.). He along with one Sh.R.S. Gupta, Sh. K.L. Arora and Sh. R.N. Bansal was allotted 1/4th undivided share in the plot bearing No.D-7/7 in Government Servant CBHS Ltd., Vasant Vihar, New Delhi admeasuring 780 square yards. Undisputedly, the 1/4th undivided share of Sh. B.B. Vohra (the father of the parties) in the said plot, was transferred jointly to him and his wife, Smt. Primla Vohra (since deceased), by a letter dtd. 8/2/1991, issued by the Delhi Development Authority to the Secretary, Government Servants CHBS Ltd., Vasant Vihar, New Delhi.