KIRAN DEVI Vs. BABITA

JUDGEMENT

(1.) The present suit is for partition in respect of constructed property measuring 2 bighas and 13 biswas forming part of khasra bearing no.141/27/1 situate in Village Basant, P.O. Vasant Vihar, New Delhi between the plaintiffs No.1 to 6 and the defendants no.1 to 6 as per their respective shares derived on the demise of their predecessors-in-interests as co-owners of the aforesaid property. A decree for permanent injunction is also prayed for in favour of the plaintiffs and against the defendants no.4 to 6 from transferring or alienating/creating third party interest in the aforesaid property in any manner till the respective shares of the parties are defined by this Court.

(2.) The facts succinctly stated are that Shri Hirday Ram and Hari Singh were the joint owners/bhumidars of the suit property having one-half undivided share in the aforesaid land. Shri Kali Ram succeeded to the estate of his deceased father Shri Hirday Ram and after his demise, defendants no.4 to 6, namely, Shri Shiv Narayan, his son, two daughters, namely, Smt.Shanta and Smt.Kanta Devi succeeded to the estate of their deceased father to the extent of one-half undivided share in the land measuring 2 bighas and 13 biswas which is part of khasra no.141/27/1. Shri Hari Singh, who was the other co-owner to the extent of one-half undivided share, after his death, left behind his three sons, namely, (i) Shri Shiv Charan (ii) Shri Ranjit and (iii) Shri Basti Ram. Shri Shiv Charan, son of late Shri Hari Singh, died on 25.04.1993 and left behind three daughters, namely, Smt.Kiran Devi (plaintiff no.1), Smt.Gyan Devi (plaintiff no.2) and Smt.Har Nandi (since deceased) besides his widow Smt.Ram Kali. Smt.Ram Kali, widow of Shri Shiv Narayan died on 19.01.1999, leaving behind no other legal heirs except those mentioned hereinabove. Smt Har Nandi, daughter of late Shri Shiv Charan, on her death left behind her two daughters, namely, Smt.Babita and Smt.Babli and one son namely Sunil (defendants no.1 to 3 herein). Shri Ranjit Singh, the second son of late Shri Hari Singh died as a bachelor and Shri Basti Ram, the third son of late Shri Hari Singh died on 7.8.1996, leaving behind him three sons, namely, Shri Sant Ram, Shri Raj Kumar (plaintiff no.3) and Shri Giri Raj (plaintiff no.4). Shri Sant Ram expired on 10.4.1996, leaving behind him two sons, namely, Shri Deepak and Shri Ashok (plaintiffs no.5 and 6) as his legal heirs.

(3.) Plaintiffs state that out of the land measuring 2 bighas and 13 biswas which is part of khasra no.141/27/1 situate in Village Basant Nagar, P.O. Vasant Vihar, New Delhi, 12 biswas of the land was constructed by the co-owners and the plaintiffs no.1 and 2 are in possession of the constructed portion of the land measuring 250 sq.yards (approx.) shown in green in the site plan annexed as Annexure-H to the plaint. Plaintiffs no. 3 to 6 are in possession of the constructed portion of the area measuring 250 sq.yards (approx.) shown in blue in the said site plan. Defendants no. 4 to 6 are stated to be in possession of the constructed portion of the property shown in red colour in the said site plan annexed. The open land left over is 2 bighas and 1 biswas. The said land belongs to all the co-owners as per their respective shares. Thus, the plaintiffs along with defendants no.1 to 6 are the co- sharers/landlords/bhumidars in the land measuring 2 bighas and 1 biswa which is part of khasra no.141/27/1, situate in Village Basant Nagar, but the demarcation of their respective shares has not been done till date.