JAGAN NATH SHARMA Vs. KISHAN CHAND SHARMA

JUDGEMENT

(1.) The appellant/plaintiff has assailed the judgment dated 24.9.2016, dismissing his suit for partition and permanent injunction instituted against his siblings, in respect of a residential premises bearing No.MS-29/III, MS Block, Hari Nagar, Ghanta Ghar, New Delhi.

(2.) The facts germane for deciding the present appeal are that Smt.Shanti Devi, mother of the parties, was the absolute owner in possession of the suit premises purchased by her by virtue of a Sale Deed dated 17.8.1971. Smt. Shanti Devi expired intestate on 15.1981, leaving behind her husband, Shri S.R. Sharma, five sons and two daughters. After the demise of Smt. Shanti Devi, her husband also expired, leaving behind seven legal heirs. Alleging that the suit premises was not being partitioned by the respondents/defendants despite repeated requests made by him the appellant/plaintiff instituted the present suit in the year 2003, claiming 1/7th share therein and seeking partition by metes and bounds.

(3.) The respondents/defendants entered appearance and filed a joint written statement, wherein they raised a preliminary objection that the suit was liable to be dismissed on the ground that the appellant/plaintiff had already got his share in respect of the subject premises upon the demise of his parents. They pleaded that on 9.8.1998, a settlement in writing was effected between all the parties in the presence of two witnesses, namely, Shri I.D. Sharma and Shri K.D. Sharma, wherein it was recorded that the appellant/plaintiff had received a total sum of Rs.2.70 lacs from the respondents/defendants, including gold ornaments in token of acceptance. Upon receiving his entire share in respect of the estate of his deceased parents, the appellant/plaintiff and the respondents/defendants had affixed their signatures on the settlement deed, described as a 'Samjhotanama', duly signed by the above named witnesses.