ASHOK SARDANA Vs. PRAMOD SARDANA

JUDGEMENT

(1.) THE present Regular First Appeal under Section 96 CPC is filed against order and decree dated October 15, 2012 passed in CS(OS) No.2515/1991 by the learned Single Judge.

(2.) THE appellant No.1 filed the present suit seeking a preliminary decree of partition declaring the plaintiffs share as 1/2 in the property (a) B -39, West Nizamuddin, New Delhi and 1/5th in the properties (b) A -82, New Friends Colony, New Delhi and (c) agricultural land situated at village Nangal, Tehsil Fatehbad, District Hissar, Haryana and for appointment of a Local Commissioner to suggest mode of partition and for a final decree thereof.

(3.) IT is further averred that the father of the parties Late Dr.R.N.Sardana was a medical practitioner and migrated after partition from Karachi. He died on November 11, 1965. Before his death he filed claims with the Ministry of Rehabilitation and was allotted agricultural land at District Hissar, Haryana which is also the subject matter of the present partition suit and parties claim equal undivided share in this property. The father was also allotted land at West Nizamuddin measuring 200sq.yards against the rest of the claims as a migrant after partition and he is stated to have constructed a two and a half storied residential house on the said land. It is stated that appellant No.1 and respondent No.1 are joint owners in equal share of this property at Nizammudin as other legal heirs relinquished their shares.