DEEPIKA PRASHAR Vs. SUMAN SINGH VIRK

JUDGEMENT

(1.) This suit has been filed by the plaintiffs seeking partition of the property bearing no. L-1/8, South Extension Part-II, New Delhi-110049 (hereinafter referred to as the 'suit property') in accordance with the terms of the Family Settlement dtd. 27/11/2012. The plaintiffs also seek possession of the portion of the fourth floor of the suit property, and also claim damages of Rs.3,00,000.00 along with interest @ 24% per annum from the date of filing of the suit till the actual date of payment, and also damages of Rs.10,000.00 per day along with interest @ 24% per annum from the date of institution of the suit till the date of actual handing over of the possession of the fourth floor of the suit property, from the defendants.

(2.) It is the case of the plaintiffs that originally, the suit property was jointly owned by Mr.Nidhish Prashar, the husband of the plaintiff no.l and father of the minor plaintiff no.2 (now major), along with his mother, namely, Smt.Santosh Prashar. Smt.Santosh Prashar passed away on 28/3/2011, and was survived by her son, Mr.Nidhish Prashar, and her two daughters, who are the defendants in the present Suit.

(3.) It is also stated by the plaintiffs that Mr.Nidhish Prashar was suffering from a condition called retinitis pigmentosa, which had virtually rendered him blind. Therefore, he was confined to his house and was looked after by his wife, the plaintiff no.1.