MANJU ARORA Vs. SUSHIL ARORA

JUDGEMENT

(1.) THE present appeal has been filed by the plaintiff aggrieved by the order dated 7-8-2007 passed by the learned Single Judge dismissing the application being I.A. 8262/2005 under Order 39 Rule 1 and 2 of the Code of Civil Procedure.

(2.) ON 13th September, 2005 the plaintiff, now represented by her legal heirs, filed a suit for partition and rendition of accounts against her brothers and sisters. She claimed inheritance and joint ownership in respect of the properties left behind by her late father Sh. Shree Ram Arora and her late mother Smt. Premwati Arora. Sh. Shree Ram Arora had expired on 12-9-1993 and Ms. Premwati Arora had expired on 13-2-1999. Late Sh. Shree Ram Arora had left behind several properties including property bearing 2/2913, Gali 15, Shri Ram Colony, Bhola Nath Nagar, Shahdara, Delhi and property located in Khasra 949/35 measuring 9 bighas at Village Chandrawali, Shahdra, Delhi. The appellant claimed that her mother late Smt. Premwati Arora had left behind property 4/2938, Shri Ram Colony Bhola Nath Nagar, Shahdara, Delhi, besides Gold, Silver and cash. It was claimed that property 4/2938, Shri Ram Colony, Bhola Nath Nagar, Shahdara, Delhi was a self acquired property of late Smt. Premwati Arora who died intestate.

(3.) IT may be relevant to state here that the suit for partition and rendition of accounts was filed in the year 2005. The learned Single Judge on examination of the records came to the conclusion that the plot 4/2938 Shri Ram Colony, Shahdara, Delhi, measuring 200 sq. yds. was transferred in favour of Smt. Premwati Arora by Sh. Shree Ram Arora and Mr. Damodar Das by a sale deed dated 5th May, 1972. Further Smt. Premwati Arora by her will dated 31st December, 1998 bequeathed all her properties including immovable property in favour of her sons Sh. Sushil Kumar and Sh. Sunil Kumar Arora.