SAICHANAKYA Vs. PRITI TANDON

JUDGEMENT

(1.) PRITI , Premlata and Snehlata are the three daughters of Late Col.R.K.Tandon who died on December 08, 1986. Their brother Balram died issueless on October 18, 1996. He died intestate. Their mother Dhaniyawati died intestate on November 06, 2005. So pleading, Preeti and Premlata instituted a suit seeking partition of property bearing Municipal No.C -31, Westend Colony, New Delhi - 110021 pleading that the same belonged to their father. The two claimed 1/3rd share each in the said property and stated that the remaining 1/3rd was that of Snehlata.

(2.) SNEHLATA died during the pendency of the suit before she could file a written statement. Her son Saichanakya being her sole class I heir was substituted as a defendant. He filed a written statement admitting that the property partition whereof was prayed for i.e. C -31, Westend Colony, New Delhi belonged to his maternal grandfather Late Col.R.K.Tandon. He claimed that property bearing Municipal No.B -9, Westend Colony in the name of Premlata was financed by his maternal grandfather and thus as per him Premlata was a mere benamidar. He pleaded that both properties i.e. C -31, Westend Colony as also B -9, Westend Colony have to be partitioned with share of Preeti and Premlata being 1/3rd each in both properties and his share being 1/3rd in both properties. So pleading, he filed a counter claim in which we find he did not pray that property No.B -9, Westend Colony, New Delhi should also be partitioned. He simply sought a declaration that even said property be declared as belonging to Late Col.R.K.Tandon. He prayed for a declaration that the perpetual sub lease -deed dated February 09, 1972 in the name of Premlata be declared null and void. He prayed that Premlata should be restrained in perpetuity from dealing with the property B -9, Westend Colony, New Delhi.

(3.) BEFORE the learned Joint Registrar parties did not comply with the time schedule and as a result the learned Joint Registrar listed the suit for admission/denial on February 06, 2014. An application under Order XII Rule 6 of the Code of Civil Procedure registered as IA No.16802/2013 filed by Preeti and Premlata praying for a decree on admission was filed in the interregnum which application was also directed to be listed on February 06, 2014 and in the interregnum pleadings in said application were directed to be completed.