USHA RANI GAUTAM & OTHERS Vs. DEVENDER GAUTAM

JUDGEMENT

(1.) The plaintiffs, who are sisters, have filed the present suit against their brother (defendant herein) for partition of the suit property bearing No.J & K- 66 measuring 100 sq. yds situated at Laxmi Nagar, Delhi-110 092. As per the plaint, the suit property was purchased by the mother of the parties by virtue of registered sale deed no.4830 registered in Book No.1, volume 201, pages 45-47 on 13.7.1970. The property was built by the father of the parties. The mother of the parties died intestate on 17.2.1995. The parties thereafter relinquished their respective shares in favour of their father by means of a registered relinquishment deed. The father during his lifetime had executed a registered sale deed 19.12.2008 by which he bequeathed all his movable and immovable properties in favour of the plaintiffs. A gift deed was also executed by the father of the parties in favour of the plaintiffs on 2.9.2009.

(2.) During the pendency of the suit on 10.10.2012 a statement was made by counsel for the plaintiffs that the suit property be divided amongst all the CS(OS) 720/2010 1/2 legal heirs of the deceased and accordingly a preliminary decree for partition was passed on the very same day and a Local Commissioner was also appointed.

(3.) In the meanwhile the defendant had filed an appeal [RFA(OS)No.109/2012] before the Division Bench which was dismissed. Thereafter a Special Leave Petition No.1/2013 was filed, which was also dismissed.