LAWS(DLH)-2023-4-145

GEETA TANDON Vs. DR. SUNIL GOMBER

Decided On April 10, 2023
Geeta Tandon Appellant
V/S
Dr. Sunil Gomber Respondents

JUDGEMENT

(1.) Plaintiff has sought partition in respect of the property bearing no. F-3, Vijay Nagar, near Delhi University, Delhi 110009 consisting of two and half Floors on a plot of land measuring 200 sq. yards (hereinafter referred to as "the suit property"), from defendant no. 1 and 2, her brothers.

(2.) The plaintiffs grandfather late Shri Jai Gopal Gomber, on partition came to India in the year 1947/1948 and purchased the suit property vide the Purchase Agreement dtd. 2/4/1959 and became the absolute, legal and registered owner of the suit property. A Conveyance Deed was executed in his favour on 31/7/1969.Shri Jai Gopal Gomber along with his two sons namely, Shri Inderjit Gomber and Shri. Surender Pal Gomber resided in the suit property, while his third son, Shri. Hari kishen Gomber lived separately and had no interest in the suit property. Shri. Inderjit Gomber died intestate in March, 1979. A family settlement was arrived at between the legal heirs of Late Shri. Inder Jit Gomber and Shri. Surender Pal Gomber, the uncle of the plaintiff in 1982-1983. As per the terms and conditions of the Settlement, Shri. Surinder Pal Gomber was paid a sum of Rs.75,000.00 out of the funds of late Inderjit Gomber.

(3.) Sh. Inderjit Singh died and was survived by his wife, Smt. Usha Gomber, daughter Smt. Geeta Tandon/plaintiff and two sons namely Shri. Sunil Gomber/defendant no.1 and Shri. Anil Gomber/defendant no. 2. On the demise of Shri. Inderjit Gomber, the four legal heirs became the coowners of the suit property with undivided equal share of 25% each in the suit property. The original documents of Title i.e. Conveyance Deed and the relinquishment Deed were kept in the custody of the defendant no.1, being the eldest male member of the family. Smt. Usha Gomber died on 18/6/2012 and her share was divided equally amongst the plaintiff and the two defendants, who became entitled to 1/3rd share each in the undivided property.