VIMLA DEVI Vs. CHANDER KRISHAN GUPTA

JUDGEMENT

(1.) This order will dispose of Appellanf"s appeal under Section 10 of the Delhi High Court Act against the impugned order dated 8th April, 2002 passed by learned Single Judge in S.No. 127/1980 appointing a local commissioner for taking necessary steps to sell the suit property on plot No. 16-B, Block -I, 38, Ratendon Road, New Delhi after preliminary decree for partition so that the sale proceeds be divided among the four co-owners.

(2.) In a suit for partition between the parties, a preliminary decree was passed on 8th May, 1980. The preliminary decree was passed after the parties agreed regarding their shares as :- Sh.Chander Krishan Gupta, plaintiff, l/4th ; Sh.Brij Krishan Gupta, Defendant No. 1, 1/4th ; Avtar Krishan Gupta, Defendant No. 2, 1/4th ; Balraj Krishan Gupta, Defendant No. 3, 1/8th ; Kumari Anjali Gupta, Defendant No. 4, 1/8th share.

(3.) Pursuant to the preliminary decree passed by the learned Single Judge, a local commissioner Sh.S.R.Tikekar was appointed to suggest the mode of partition. Since the property is a leasehold property, the learned local commissioner corresponded with the L&DO and Delhi Development Authority who informed him that the property in dispute could not be partitioned physically by meets and bounds. He was also advised by the competent authority, Land and Development Office that the property in suit cannot be sold under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976. Consequently, he filed an interim report dated 8th November, 1980 stating that the sub division of the property was not permissible and possible.