AMIT KUMAR Vs. ANOOP KUMAR

JUDGEMENT

(1.) The appellant/defendant has filed the present appeal against the order dated 31.07.2015 whereby a preliminary decree of partition has been passed by a learned Single Judge in the suit filed by the respondent/plaintiff for partition under Order XII Rule 6 of the Code of Civil Procedure.

(2.) The plaintiff had filed the suit for partition of property bearing No. AC -3/20, Shalimar Bagh, Delhi, contending that the property was jointly purchased by the plaintiff and the defendant by a sale deed dated 05.07.2002 in equal shares. It is contended that the sale consideration of Rs. 2,40,000/ - was paid by the plaintiff as well as the defendant jointly by issuing individual pay orders of Rs. 1,20,000/ - each in favour of the seller. It is contended by the plaintiff that the properties were jointly purchased by the parties for the residence of their parents and after the demise of the parents, the defendant/appellant had sought to sell the property and in these circumstances, the plaintiff has claimed partition of the subject property.

(3.) The defendant has filed the written statement contending that at the time of purchase of the property, the defendant had paid the entire sale consideration as it was decided between the family members that initially the said amount of sale consideration of Rs. 2,40,000/ - would be given to the father by the defendant and the father of the defendant would deposit Rs. 1,20,000/ - each in the account of both the defendant and the plaintiff and the property would be purchased. Thereafter the plaintiff would pay half of the amount of the sale consideration within a period of one year of the said sale deed of the property and in case of failure, the plaintiff shall execute a relinquishment deed in favour of the defendant but neither the half amount of sale consideration was paid back nor the plaintiff has executed any relinquishment deed in favour of the defendant.