BAL KRISHAN SHARMA Vs. KANTA KUMARI SHARMA

JUDGEMENT

(1.) The petitioner along with his sisters namely Mrs. Urvashi Sharma and Mrs. Poonam Sharma filed a civil suit being CS DJ No. 571/18 before the learned District and Sessions Judge, Rohini Courts, Delhi against (i) their mother Smt. Kanta Devi (ii) real brother Mr. Rajeev Kumar Sharma, (iii) Mrs. Radha Garg and (iv) Mrs. Uma Mittal. The petitioner / plaintiff before the learned Trial Court in the suit inter-alia prayed for following reliefs:-

(2.) The petitioner is the joint owner and in possession of the entire first floor as well as one room on the upper ground floor in the property bearing No. C-208, Majlis Park, Delhi- 110033, admeasuring 111 square yards, built up to the second floor (hereinafter referred to as 'Suit Property'). The suit property was purchased by the father of the petitioner in 1971 vide the sale deed dtd. 8/7/1971. Upon purchasing the suit property, the father of the petitioner constructed the ground floor as well as a tin shed and a bathroom on the first floor. However, the father of the petitioner expired intestate on 18/11/2003.

(3.) The father of the petitioner was survived by his wife Smt. Kanta Sharma (respondent no. 1), the elder son Bal Krishan Sharma (petitioner), the younger son Sh. Rajeev Kumar Sharma (respondent no. 2) and two daughters Smt. Urvashi Sharma and Smt. Poonam Sharma (plaintiffs before the learned Trial Court). As per the Hindu Succession Act, 1956, the properties devolved upon the aforementioned legal heirs of the deceased. Along with the said property, other movable and immovable property amounting to approximately Rs.22,00,000.00 are with respondent no.1. An ancestral property bearing No. C-588, Street No.12, Majlis Park, Delhi-110033 was also left with the respondent no.1, however a settlement was arrived at for the same and the proceeds of such settlement amounting to Rs.25,00,000.00 were kept in the possession of respondent no.1 and 2 for the purpose of safekeeping as the said sum was required for construction of the suit property.