LAWS(DLH)-2014-7-6

SATISH KUMAR CHOJAR Vs. SUBHASHNI CHOPRA

Decided On July 01, 2014
Satish Kumar Chojar Appellant
V/S
Subhashni Chopra Respondents

JUDGEMENT

(1.) The plaintiff has instituted this suit, for partition of property bearing No.29/19, East Patel Nagar, New Delhi ("suit property"), and for permanent and mandatory injunctions with respect to the property, pleading:-

(2.) The defendants No.1&3 have contested the suit, by disputing the existence of any Will and further claiming an oral family settlement between the heirs of Sh. Shanti Sarup Chojar in December 1998, pleading:-

(3.) The defendant No.2 has also a filed a written statement and has though not disputed the Will but claimed that she cannot be compelled to apply for mutation or get the property converted into freehold; it is pleaded that the suit property being leasehold, cannot be partitioned since the same would be in conflict with the Government Policy and the terms and conditions of the lease deed.