RAMWATI & ANR Vs. SHASHI & ORS

JUDGEMENT

(1.) The plaintiffs have filed a suit for partition and permanent injunction in respect of property bearing No. 179, M.G. Road, New Mangla Puri, Mehrauli, New Delhi-110030 ad measuring area 200 sq. yds. (hereinafter referred to as the "suit property") against the defendants.

(2.) Brief facts of the case are that the suit property was a self acquired property of Late Sh. Pusa Ram which he purchased in two parts (100 sq. yards in each part) through registered sale deeds dated 11th August, 1967 and 3rd September, 1970 respectively. Late Sh. Pusa Ram, husband of the plaintiff No.1 and father of the plaintiff No.2 and the defendants expired on 27th January, 1982 and left behind him the suit property. The plaintiffs and the defendants are the only legal heirs/ successors of Late Sh. Pusa Ram. After his death, the plaintiffs and defendants all became joint share holders in the suit property and had equal share in the suit property i.e. 40 sq. yards each.

(3.) The plaintiffs are in the possession of one part i.e. 100 sq. yards of the suit property and defendant No.3 is in possession of another part i.e. 100 sq. yards of the suit property. However, defendant No.3 does not reside in the suit property and had let out the same to someone else.