SAVITA SARDANA Vs. SATISH PAUL

JUDGEMENT

(1.) By means of the instant order, the Court proceeds to decide the instant objections which have been preferred purporting to be referable to Rules 90 and 97 of Order XXI of the Code of Civil Procedure, 1908 [Code].

(2.) The present execution proceedings have been instituted in respect of a final decree of partition dtd. 5/11/2019. Undisputedly, the aforesaid judgement and decree has attained finality since parties to the aforesaid proceedings have neither questioned nor assailed the aforesaid decree.

(3.) As per the disclosures made in the objections, it is the case of the Objector that the property bearing number R-496, New Rajinder Nagar, New Delhi [suit property] was originally applied for being allotted in the name of late Shri Ram Bheja Mal as a displaced person in lieu of properties left behind by him and his family members in Pakistan after partition. It is the case of the Objector that the application itself was made by the late Shri Ram Bheja Mal for the benefit of himself as well as his family members. The objections further disclose that the late Shri Ram Bheja Mal expired prior to the allotment of the said property in his name. He is stated to be survived by three sons namely late Shri Prakash Chandra Khetarpal, late Shri Jagdish Chander Paul and late Shri Ramesh Chander Paul. The three surviving sons, it is asserted, jointly contributed funds to acquire the said Rajinder Nagar property. It may be noted at this stage itself that the Objectors are the son and daughter of the late Shri Ramesh Chander Paul. However and undisputedly, the perpetual lease deed in respect of the said property came to be executed and made in favour of the Late Shri Jagdish Chander Paul.