SIS RAM Vs. LALLU

JUDGEMENT

(1.) The plaintiffs have preferred the present suit for partition as legal heirs of late Shri Mam Raj, son of Shri Chet Ram, who is stated to be co-sharer to the extent of 1/3rd share in respect of Abadi land forming part of Khasra No.429, measuring 18 Biswa (900 sq.yards) situate in Village Maujpur, Delhi and recorded as such in the revenue records. Another 1/3rd share in the said land is stated to have originally belonged to Shri Khem Chand, son of Shri Ram Prasad, as co-sharer/bhumidar, and after his death about 25 years ago, his rights in 1/3rd share devolved upon his two sons, Revti and Ram Swaroop. Shri Revti also died about 12 years back leaving behind the defendants 16 to 18 as his legal heirs, and the rights of Shri Ram Swaroop, who also expired about 10 years back, devolved upon the defendants 19 and 20. The rights in the remaining 1/3rd share of the aforesaid land vested with the defendants 1to 15, who are the legal heirs of Shri Ram Chander, Shri Sohan Lal, Shri Raghuvir and Smt. Chandra, the three sons and daughter of late Shri Chet Ram and late Smt.Chameli.

(2.) The aforesaid land, as per the site plan, is partly built up and partly vacant. The plaintiffs assert that they are in possession of the land which is lying vacant.

(3.) The plaintiffs further contend that Village Maujpur where the suit property is situate was urbanized by a notification dated 28th May, 1966 under Section 507 of the Delhi Municipal Corporation Act, published in the Delhi Gazette, Extraordinary Part IV on 3rd June, 1966. By another notification bearing No.SO.1236 dated 27th March, 1979, in exercise of powers under sub- Section 2 of Section 1 of Delhi Rent Control Act, 1958, all the provisions of the Delhi Rent Control Act were extended to Village Maujpur.