NARESH GUPTA Vs. RAJESH KUMAR MEHLAWAT

JUDGEMENT

(1.) The appellants/plaintiffs are aggrieved by the order dated 8.11.2016, passed by the learned trial court allowing an application filed by the respondents/defendants under Order 12, Rule 6 Civil P.C. and passing a judgment, dismissing their suit for partition in respect of property bearing No.RZ-98/J, forming part of Khasra No.69/8/2, situated in the revenue estate of Village Palam Colony, commonly known as Raj Nagar, New Delhi.

(2.) Before considering the submissions of the learned counsel for the appellants, a brief glance at the relevant facts of the case is considered necessary. The appellants No.1 and 2 (husband and wife) had instituted a suit for partition against the respondents No.1 and 2 (husband and wife). The case set up by the appellants in the suit/plaint is that the appellant No.1 and the respondent No.1 and their respective wives, i.e., appellant No.2 and the respondent No.2 were good friends. On 02.11.2005, the appellant No.1 had purchased a parcel of land measuring 90 sq. yards situated at Village Palam Colony through a registered sale deed. On the very same day, the respondent No.1 had also purchased an adjacent plot measuring 90 sq. yards through a registered sale deed.

(3.) After purchasing the said plots, the appellant No.1 and the respondent No.1 had joined the same and raised a construction thereon comprising of a basement and ground floor. Later on, the wives of the appellant No.1 and the respondent No.1, namely, appellant No.2 and the respondent No.2 had jointly purchased a plot measuring 80 sq. yards adjacent to the captioned plots through a registered sale deed dated 9.6.2006. The parties had agreed to merge the above plot with the two plots measuring 90 sq. yards each purchased earlier by the appellant No.1 and respondent No.1 and they raised a construction on the entire plot measuring 260 sq. yards, consisting of a basement, ground floor, first floor and second floor.