BALBIR SINGH Vs. SHAMA DEVI

JUDGEMENT

(1.) The plaintiffs have filed a suit for partition and injunction. It is set out in the plaint that the father of the plaintiffs Sh.Heera Lal and predecessor in interest of the defendants Sh. Sohan Lal are real brothers who jointly acquired plot no. 2-E/6, Jhandewalan Extension, New Delhi-110055 admeasuring 294.31 square yards in pursuance to a registered sale deed dated 15.05.1961 and raised construction thereon with their joint funds. Initially the construction is stated to have been made up to second floor, but subsequently, the third floor is stated to have been constructed only by the plaintiffs in or about 1999-2000.

(2.) The property is stated to have been rented out in various portions and the rents were being realized and deposited in an account under the name and style of S/S Hira Lal Sohan Lal and was accordingly distributed equally among the two brothers. Sh. Sohan Lal passed away on 17.06.1972 leaving behind defendants no.1 and 2 and one Sh.Vijay Kumar as legal representative. Sh.Vijay Kumar also passed away on 21.12.1997 and left no legal heir as he was unmarried. Sh. Hira Lal is stated to have died on 20.03.1976 leaving the plaintiffs as legal representatives. It is thus stated that plaintiffs on the one hand and defendants on the other hand have equal one half share in the property. The joint bank accounts were initially operated by plaintiff no.2 and Sh. Vijay Kumar and after the demise of Sh. Vijay Kumar, plaintiff no.2 was operating the account at the request of the defendants and due share of rents have been given to the parties.

(3.) The plaintiffs are stated to be in exclusive possession of the portion consisting of basement, mezzanine floor, portion on the 2nd floor and third floor of the property demarcated in Green in the site plan annexed to the plaint as Annexure 'A'. The remaining portion is stated to be tenanted. The defendants have filed a suit for rendition of accounts, injunctions etc being CS(OS) No.124/2005 which is pending before the Civil Judge, Tis Hazari. In view of the disputes having arisen the plaintiffs are desirous of division of property by metes and bounds.