INDER PAL SINGH Vs. RAJINDER KAUR

JUDGEMENT

(1.) THIS second appeal is filed impugning the concurrent judgments of the courts below; of the trial court dated 30.8.2013 and the first appellate court dated 18.2.2014; by which a preliminary decree for partition has been passed dividing the property of 200 sq. yds in K.No. 68/14, in the revenue estate of village Palam (presently known as Raj Nagar) Delhi between the plaintiffs/respondents and the appellants/defendants. Appellants/defendants are the legal heirs of Smt. Surjeet Kaur and the respondents/plaintiffs are the legal heirs of Sh. Mohan Singh. Smt. Surjeet Kaur and Sh. Mohan Singh are the daughter and son of Sh. Nand Singh and Smt. Milavi Devi. Smt. Milavi Devi owned the suit plot of 200 sq. yds. forming part of a total area of 400 sq. yds, and which area of 400 sq. yds. was purchased by means of sale deeds of 200 sq. yds. each dated 5.10.1959, one in favour of Sh. Nand Singh and another in favour of Smt. Milavi Devi.

(2.) THE facts of the case are that Sh. Nand Singh and Smt. Milavi Devi purchased two adjacent plots of 200 sq. yds. each in K.No. 68/14 in village Palam by registered sale deeds dated 5.10.1959. Sh. Nand Singh out of his 200 sq. yds sold 100 sq. yds and consequently, Sh. Nand Singh and Smt. Milavi Devi thereafter had with them a total of 300 sq. yds of land i.e 100 sq. yds of Sh. Nand Singh and 200 sq. yds of Smt. Milavi Devi. Sh. Nand Singh and Smt. Milavi Devi had three children Sh. Mohan Singh(whose legal heirs are respondents -plaintiffs) and Smt. Surjeet Kaur (whose legal heirs are appellants -defendants) and one Sh. Tarsem Singh. There was a family settlement between Sh. Mohan Singh, Sh. Tarsem Singh and legal heirs of late Smt. Surjeet Kaur on 19.2.1987 whereby the property of 300 sq. yds was partitioned by an arrangement whereby 100 sq. yds belonging to Sh. Nand Singh fell to the share of the other sibling Sh. Tarsem Singh who is not a party to the present litigation and the balance 200 sq. yds belonging to late Smt. Milavi Devi (who expired on 8.3.1984) came to be vested equally with Sh. Mohan Singh and Smt. Surjeet Kaur in equal shares. The present municipal number of the suit property admeasuring 200 sq. yds is Municipal No.WZ -148, Raj Nagar, Palam, Delhi. Respondents -plaintiffs claimed their share of 100 sq. yds. by seeking partition by means of the subject suit.

(3.) THEREFORE , the issue in the suit was as to whether Smt. Milavi Devi had transferred the suit property to her daughter Smt. Surjeet Kaur, predecessor -in -interest of the appellants -defendants, by means of the documentation dated 21.10.1980 or that these documents were only sham/nominal documents and actually the appellants/defendants and Sh. Mohan Singh alongwith the third sibling Sh. Tarsem Singh had partitioned the property on 19.2.1987 whereby each sibling got 100 sq yds.