PREM DASS AND ORS. Vs. SUJATA

JUDGEMENT

(1.) Orders impugned before this Court are the orders dated 02.6.2011, 08.8.2011, 06.02.2012 and 11.6.2012. This petition arises out of a suit filed by the plaintiff -sister against her other siblings seeking a partition of the suit properties.

(2.) Record discloses that Ram Swaroop was the owner of two properties -(i) property bearing no. 1915/43, Naiwala Karol Bagh, New Delhi, (ii) property bearing no. 8264, Multani Building, Roshanara Road, Subzi Mandi, Delhi. Ram Swaroop expired on 20.7.2004. He died intestate. His daughter Sujata has filed the present suit against her siblings. This was qua aforenoted properties. Submission being that she is entitled to a partition of the suit properties as their father had died intestate.

(3.) In the course of the proceedings, on 14.9.2009, a preliminary decree was passed by the Trial Court. It was noted that there are five siblings all of whom are entitled to an equal share in the suit properties i.e. 1/5th share. This is an admitted position even on date.