SANTOKH SINGH Vs. SURJEET KAUR

JUDGEMENT

(1.) The plaintiff, defendant no.4 and late Shri Anup Singh are brothers and sons of late Shri Hazara Singh. Defendants no.1 to 3 are the legal heirs of late Shri Anup Singh. The plaintiff has filed a suit for partition in respect of residential house situated at D-81, Naraina Residential Scheme, New Delhi (hereinafter referred to as the suit property).

(2.) It is the case of the plaintiff that the suit property was purchased by the plaintiff, late Shri Anup Singh, and his two brothers who became joint owners in equal share in the suit property in pursuance to a perpetual lease deed dated 5.3.1970, executed by the Land and Housing Department. A house was constructed in 1973 on the aforesaid land but since all the brothers were married and there were discord and disagreement amongst the women member of the family, the plaintiff decided to shift to another accommodation at C-128, Naraina Industrial Area, New Delhi, a property jointly owned by the brothers.

(3.) The plaintiff states that he along with his two brothers were also running the business under the name and style of M/s Prakash Radio from C-128, Phase-1, Industrial Area, Naraina Vihar, New Delhi-28, which was a plot allotted in 1970 as an alternative to plot No.55/6 situated at South Patel Nagar, New Delhi, from where the brothers were earlier running their business under the name and style of M/s Prakash Radio. A perpetual lease deed is also stated to have been executed in this behalf on 24.2.1976.