SANJAY BHATIA Vs. RAJIVE BHATIA

JUDGEMENT

(1.) Mr. Rajive Bhatia/respondent No. 1, (who is the plaintiff in the main Suit), had filed suit bearing CS(OS) 600/2017 seeking Preliminary and Final Decree of Partition in respect of the Property bearing No. 92, measuring 200 sq. yards, Raja Garden, New Delhi-110027 (hereinafter referred to as "suit property").

(2.) Shri Ved Prakash Bhatia, father of the parties to the Suit, was the owner of the suit property having purchased the same vide Sale Deed dtd. 21/7/1965. On his demise on 28/1/2007, the property devolved upon his four legal heirs, namely, Mr. Sanjay Bhatia and Mr. Rajive Bhatia, (the two sons), Smt. Shanta Bhatia (wife) and Ms. Anita Bhatia (daughter) in equal share of 25% each, but the property was kept joint and not partitioned out of deep respect and regard for the mother. The mother/Smt. Shanta Bhatia, out of love and affection for Rajive Bhatia, relinquished her 1/4th share in the suit property in favour of Rajive Bhatia vide Relinquishment Deed dtd. 11/12/2013 which was witnessed by respondent No. 3/Anita Bhatia. Rajive Bhatia became the owner of 50% share in the suit property while appellant and the respondent No. 3 each became the owners of 25% share each in the suit property.

(3.) The respondent no. 1, Mr. Rajive Bhatia asserted that he and appellant were in occupation of different portions of the suit property and certain disputes arose between them. Mr. Sanjay Bhatia/appellant, (who is defendant No. 1 in the main Suit), filed a Suit bearing CS(OS) 2159/2015 seeking Mandatory and Permanent Injunction, wherein he admitted that the suit property was a self-acquired property of Shri Ved Prakash Bhatia and that the appellant and the respondents herein were the owner being the legal heirs of Shri Ved Prakash Bhatia. It was also admitted that the suit property had not been partitioned by metes and bounds between four legal heirs.