KUSUM TANEJA Vs. MANIK TANEJA

JUDGEMENT

(1.) This suit has been filed by the plaintiff praying for a decree of partition of the suit property, that is, Plot No. FA-53 (Old) (New No. F-305), admeasuring 148.5 Sq. Yds., situated at Mansarovar Garden, New Delhi (hereinafter referred to as the 'suit property'). The plaintiff also prays for a decree of rendition of accounts against the defendant no.1 for the benefits enjoyed/rent received by the defendant no.1, and a decree of recovery of the amount.

(2.) The plaintiff is the widow of late Shri Avinash Kumar Taneja, who unfortunately passed away on 23/7/2006. The defendant no.1 and the defendant no.2 are the sons of late Sh.Avinash Kumar Taneja and the plaintiff herein. The defendant nos.3 and 4 are the children of late Smt. Parbati, who the plaintiff claims had a half share in the suit property.

(3.) It is the case of the plaintiff that late Sh.Lakhmi Chand Taneja, the grandfather of late Sh. Avinash Kumar Taneja, was the absolute and exclusive owner of the suit property. The suit property was purchased by late Sh. Lakhmi Chand Taneja in the year 1960 from M/s Bharat Builders & Colonizers, vide an Agreement to Sell. Later, a Sale Deed dtd. 17/4/1972 was executed by M/s Bharat Builders & Colonizers in favour of late Sh. Lakhmi Chand Taneja, which was duly registered in the office of Sub-Registrar of Documents, Delhi.