CHANDER KANTA Vs. SHAM LAL PAHUJA

JUDGEMENT

(1.) A Civil Revision Petition under Sec. 115 read with Sec. 151 of Code of Civil Procedure, 1908 ("CPC" hereinafter) has been filed to challenge the Order dtd. 15/12/2021 vide which the Application under Order VII Rule 11 CPC, has been dismissed.

(2.) The facts in brief are that the Respondent No. 1/Plaintiff and his brother Late Shri Ram Dutt Pahuja, were jointly allotted the Suit Property bearing House No. 3, Dr. Mukherjee Nagar, Delhi admeasuring 160 square yards (hereinafter referred to as "Suit property") in Rehabilitation Scheme of Kingsway Camp area, by Municipal Corporation of Delhi ("MCD" hereinafter) on 28/2/1979. Both the brothers thus, became owners to the extent of 50% of the Suit property. According to the Respondent No.1/Plaintiff, he requested his brother many a times during his lifetime for partition, but he delayed the same on one pretext or the other. He died on 21/9/2000 and is survived by his wife, two sons and one daughter who have been impleaded as Defendant No.1 to 4 in the Suit.

(3.) The Respondent No. 1/Plaintiff has claimed that Revisionist/Defendant No.1 Chander Kanta had filed a Civil Suit No.821/2013 for Permanent Injunction on the basis of false and fabricated documents. She had propounded a Will dtd. 19/4/2000 and also a fabricated Memorandum of Oral Partition dtd. 14/4/1996. However, the true facts are that neither was there any Oral Partition ever effected between the parties in the year 1995 nor Memorandum of Oral Partition prepared in 1996.