S . C . AGGARWAL Vs. B.K. GOEL

JUDGEMENT

(1.) IA No. 4726/2016 (by Plaintiff under Order 12, Rule 6 CPC) The present application has been filed by the plaintiff in a suit for partition in respect of an immovable property bearing Shop No. 53, Mehar Chand Market, Lodhi Road, New Delhi, praying inter alia that a decree for partition may be passed on the basis of the admissions made by the defendants in the written statement.

(2.) As per the averments made in the plaint, the plaintiff and the defendant no.1 are the joint allottees of the subject shop, taken on leasehold basis from the Land and Building Department, Ministry of Urban Development, Government of India, vide allotment letter dated 15.01.1997. After the allotment was made in their joint names, the plaintiff and the defendant No. 1 had executed a hire purchase agreement with the Government of India and continued depositing the requisite dues from time to time. Both the parties had joint possession of the shop and shared the common keys for the entry from the front and the back of the shop. In the year 2001, the defendant had started running a STD/ISD phone booth and photocopy business from a portion of the suit premises. The plaintiff was also running his business from a part of the shop and both the parties had remained in joint occupation of the suit premises.

(3.) It has been averred in para 8 of the plaint that in the year 2005, the Land and Development Office had called upon the plaintiff and the defendant No. 1 to submit requisite documents for execution of a lease/conveyance deed in respect of the subject shop and the plaintiff had approached the defendant No. 1 for preparing the relevant documents. It was then that the defendant No. 1 had informed the plaintiff that he has appointed defendant No. 2 as his attorney and she would execute and sign the documents on his behalf.