SABINA SABLOK Vs. PROMILA MEHRA

JUDGEMENT

(1.) THE Plaintiff has filed the present suit for recovery of a sum of Rs.7,16,66,666/ - (Rupees seven crores sixteen lakhs sixty six thousand six hundred and sixty six only) being one -third share of 50% of the undivided share left behind by her father late Sh. Prem Mehra in residential property being No. 208, Golf Links, New Delhi, (hereinafter referred to as the suit property).

(2.) PLAINTIFF and Defendant No. 2 are sisters and the daughters of Defendant No. 1, Mrs. Promila Mehra and Late Mr. Prem Mehra. The grandfather of the Plaintiff Mr. Harbans Lal Mehra was allotted the above residential plot by virtue of a perpetual lease deed dated 24.10.1961. The grandfather constructed a residential house and structure on the said plot. The grandfather died on 27.04.1988 and left behind his Will dated 22.04.1988 whereby the property was bequeathed in favour of his wife Mrs. Sushila Devi Mehra. Mrs. Sushila Devi Mehra expired on 11.11.1989 and by virtue of her Will dated 10.05.1988 followed by a codicil dated 18.05.1988 she bequeathed the said property to her sons Mr. Joginder Kumar Mehra and Mr. Prem Mehra (father of Plaintiff and Defendant No. 2).

(3.) IN Execution petition No.181/2006 filed by Mr. Joginder Kumar Mehra, the property was sold by way of auction for a total consideration of Rs. 43,00,00,000/ - (Rupees Forty Three Crores Only). As per Plaintiff, since the 50% share belonged to the parties to the present suit. Rs. 21,50,00,000/ - (Rupees twenty one crores and fifty lakhs only) fell to the share of the Plaintiff, Defendant No. 1 and Defendant No. 2. The Plaintiff consequently filed the present suit for recovery of her 1/3rd share of the 50% of the sale consideration received by Defendant No. 1 being Rs. 7,16,66,666/ - (Rupees seven crores sixteen lakhs sixty six thousand six hundred and sixty six only).