LALIT KUMAR KHOSLA Vs. CHAND NARAIN KHOSLA

JUDGEMENT

(1.) This is a suit for partition in respect of the property which comprises of a house built on a plot of land measuring 400 Sq. yards and bearing No. C-10/4, Vasant Vihar, New Delhi. The suit as originally filed, was between brothers, the plaintiffs on the one hand and the defendant on the other hand. However, the death of the defendant resulted in his L.Rs. being brought on record namely, the said defendant's as also the plaintiffs', mother Smt Ram Rakhi Khosla and the defendant's widow Smt Janak Khosla and the defendant's two sons Rajan Khosla and Rohit Khosla. Thereafter, Smt Ram Rakhi Khosla also passed away during the pendency of this suit. Her legal heirs comprise of the plaintiffs ( being her sons), Smt Prem Kakria and Suman Chadha.

(2.) The plaintiffs have instituted the present suit for partition in respect of the said property on the premise that they had inherited the same from the father late Mr Mohan Lal Khosla. The family of late Mr Mohan Lal Khosla comprised of his wife Smt. Ram Rakhi Khosla, their three sons (the plaintiffs and the defendant) and two daughters namely Smt Prem Kakria and Suman Chadha. It is the plaintiffs' case that their father late Mr Mohan Lal Khosla was the owner of the leasehold rights in the said plot which was allotted to him by the DDA by virtue of a perpetual lease granted in his favour on 16.4.1969. It is further the plaintiffs' case that the late Mr Mohan Lala Khosla constructed a house on the said plot for residential use for himself and his family in 1972-73. Late Mr Mohan Lal Khosla died on 21.12.1975 leaving behind, as his heirs, his three sons (Plaintiffs and the original defendant), Smt Ram Rakhi Khosla (widow) and two daughters namely Mrs Suman Chadha and Mrs Prem Kakria. It is the plaintiffs case that their mother (Smt Ram Rakhi Khosla) and the two sisters (Mrs Suman Chadha and Mrs Prem Kakria) relinquished their respective shares in the said property by virtue of registered Relinquishment Deeds in favour of the plaintiffs and the original defendant. As such, the plaintiffs' and the defendant became owners of 1/3rd share each in the said property. Mutation of the property was also done by the Delhi Development Authority in their names vide DDA's letter dated 8.8.1980. Accordingly, the plaintiffs and the original defendant became the joint owners of the property collectively in equal shares and the share certificates were also transferred/modified in favour of the three sons of late Mr Mohan Lal Khosla.

(3.) It is further alleged on behalf of the plaintiffs that the original defendant (late Shri Chand Narain Khosla) and his family members were not maintaining good and cordial relations with the mother (Smt Ram Rakhi Khosla) and had constantly harassed and ill-treated her during her life time and were also pressuring her to vacate the premises in question as a result of which the plaintiffs were compelled to file the present suit for partition, inter alia, to provide a shelter to their old and ailing mother in their house which was built by their late father.