SAHIB SINGH Vs. INDERJIT SINGH

JUDGEMENT

(1.) This is a suit for partion and perpetual injunction filed by the plaintiff against the defendants in respect of Plot No. A-8/39, 352.89 sq. yds. in Rana Partap Bagh, Delhi alongwith the entire building constructed thereon comprised of ground floor, Mazanine Floor, first floor and second floor (terrace). A preliminary decree for right to enforce partion was passed on 10th July, 1989. On the same date Shri S.B. Vohra, then Dy. Registrar of this Court, was appointed Local Commissioner to demarcate the property and ascertain whether it could be divided by metes and bounds. Shri Vohra, the Local Commissioner submitted his report dated 28th November, 1989 wherein it was stated that it was possible to devide the property by mets and bounds in case the additions and alterations as suggested by the Architect in his report were approved.

(2.) After the Local Commissioner had filed his report, the case came up for hearing on 16.2.90 when the plaintiff was present inperson and notice of the filing of the report of the Local Commissioner was issued to the defendants for 5th April, 1990. The defendants appeared on 5.4.90. Thereafter the defendants had been appearing till 25th November, 1991, but did not file any objection to the report of the Local Commissioner. On 21st February, 1992 none appeared on behalf of the defendants and the defendants were proceeded against ex-parte. Thereafter the plaintiff moved an application bearing No. 1A 2087/92 under Order 20 Rule I and proviso I and 2 read with Section 151 of the Code of Civil procedure. In this application it has been prayed that the preliminary decree be confirmed in terms of the report of the Local Commissioner alongwith order for payment of mesne profit as prayed in IA 8189/90.

(3.) IA 2087/92 came up for hearing on 17th August, 1993. During the course of arguments, the learned counsel for the plaintiff submitted that the final decree be passed in terms of the report submitted by the Local Commissioner. He further submitted that IA 8189/90 regarding paymnent of mesne profits may be listed for hearing on some other date.