HARJINDER SINGH ANAND Vs. DALJEET SINGH ANAND

JUDGEMENT

(1.) Harjinder Singh Anand : the appellant, and Daljeet Singh Anand : the respondent are brothers. The name of their father is Kulwant Singh Anand. In a suit filed by Daljeet Singh Anand, seeking partition of property bearing Municipal No.B-1/37, Ashok Vihar, Phase II, Delhi 110052, a preliminary decree has been passed by the learned Single Judge vide impugned decree dated March 27, 2014, declaring the share of the two brothers to be 50% each.

(2.) Case pleaded by Daljeet Singh is simple. He and Harjinder Singh, by virtue of a conveyance deed dated May 15, 1996 are the recorded joint owners of the suit property, partition whereof was not being accepted by his brother. Relations between the two had soured. Being a two storeyed building, he was residing on the first floor and his brother on the ground floor.

(3.) In the written statement filed by him, Harjinder Singh admitted that the two brothers were occupying the ground floor and the first floor as pleaded by his brother and that as per the registered conveyance deed the two were the recorded joint owners of the property, but claimed that the real owner was their father and that the conveyance deed was executed by Daljeet Singh by playing fraud upon their father. He pleaded that the sale consideration when the plot of land was purchased from one Sh.Harcharan Singh was from the funds of a partnership. He pleaded that the sale was by virtue of an agreement to sell and a power of attorney.