MANU KHANNA Vs. V P SHARMA

JUDGEMENT

(1.) The plaintiff, a mentally challenged person, has filed the present suit through his mother, Dr. Poonam Khanna against his father, Dr. V.P. Sharma for declaration, partition and mandatory injunction.

(2.) The claims set out in the plaint are that the mother of the plaintiff purchased the basement and terrace rights of the ground floor of property No.C- 18, Shivalik, New Delhi vide sale deed dated 10.10.1994. The defendant purchased the ground floor of the same property and it is alleged that the corpus for the same came from the mother of the plaintiff as also the grandfather of the plaintiff (father of the defendant). The sale deed in favour of the defendant is also of the same date. The plaintiff claims to be residing in the ground floor of the property along with his mother. In terms of an Exchange-cum-Partition Deed dated 2.3.2001, the terrace and above rights of the ground floor were exchanged whereby the same went to the defendant while the basement and ground floor went to the mother of the plaintiff. It is further stated that there is a subsequent deed dated 2.4.2003 whereby 45% share went to the defendant while 55% went to the mother of the plaintiff for distribution of sale proceeds on sale of the property.

(3.) The plaintiff has alleged that since the funds for the purchase of the property came from the grandfather of the plaintiff (alleged to be admitted by the defendant in suit No.493/2001 filed in the civil court), the plaintiff is entitled to a share in the same. Hence, the suit for partition.