R P SHARMA Vs. D K KAUSHIK

JUDGEMENT

(1.) IA No.6610/2014(by the intervenors u/O I R 10 CPC)

(2.) The plaintiff has instituted the present suit against the defendant(father of the applicants) praying inter alia for a decree of specific performance in respect of premises bearing No. A-9, 2nd Floor, with roof rights, CC Colony, Rana Pratap Bagh, Delhi. In the alternate, the plaintiff has sought a decree for a sum of Rs. 28,00,000/- against the defendant.

(3.) It has been averred in the application that the suit property was owned by Lt.Sh.Ram Kumar, grandfather of the applicants and the same is his self-acquired property. Upon Sh. Ram Kumar dying intestate, the suit property was inherited by the defendant and his siblings. It is further averred in para 4 of the application that the suit property was partitioned amongst the legal heirs of Lt.Sh.Ram Kumar, including the defendant herein by virtue of a Partition Decree dated 19.2.2002, passed in Suit No.182/95, entitled " Smt.Om Prabha & Anr. Vs. Smt. Savitri Devi & anr". whereafter, the second floor of the suit property came in the hands of the defendant, being his 1/4th share.