SURENDRA KUMAR GUPTA Vs. MUKESH KUMAR GUPTA

JUDGEMENT

(1.) THE present suit has been filed by the plaintiff Surendra Kumar Gupta against his brother Mukesh Kumar Gupta. It is a suit for recovery of possession, mesne profits/damages and for injunction.

(2.) THE plaintiff had purchased half undivided share in House No. E -262, Greater Kailash Part II, New Delhi from Smt. Kamla Kundra vide sale deed dated 18th December, 1974. This is a registered document. It is stated to be the self acquired property of the plaintiff. It is on a plot of land admeasuring 250 square yards upon which initially there was one and a half storeyed building built upon it.

(3.) THEREAFTER , the plaintiff and his half brother Devinder Nath Gupta entered into a partition deed dated 18th January, 1980 duly registered. In terms of this partition, Devinder Nath Gupta became the absolute owner of the ground floor of the property. The plaintiff became the absolute owner of the first floor and the terrace as the value of the ground floor was more than the value of the first floor and the terrace. Devinder Nath Gupta had paid Rs. 39,300/ - to the plaintiff to set off the difference.