M.K. GOVIL Vs. HARISH CHAND GOVIL

JUDGEMENT

(1.) The plaintiff has instituted this suit for partition of property No.319, Deepali, Pitampura, Delhi claiming (i) that the same was owned by his father late Sh. Nawal Kishore Govila who died intestate on 9th May, 2001 leaving the plaintiff and the defendants No.1 to 3 as his children and the mother of the plaintiff and defendants No.1 to 3 as his widow, and another daughter namely the predecessor of defendants No.4 & 5, as his only legal heirs and thus the plaintiff on the demise of his father acquired ?th undivided share in the said property; (ii) that the mother of the plaintiff and the predecessor of the defendants No.4 & 5 have also since died intestate; (iii) that the plaintiff, defendant No.1, defendant No.2 and defendant No.3 now have ?th share each and the defendants No.4 & 5 together have the remaining ?th share in the property.

(2.) The suit was entertained and vide ex-parte ad-interim order dated 5th Aug., 2016, while issuing summons, the parties including the plaintiff were restrained from alienating, encumbering or parting with possession of the property.

(3.) The defendants No.1, 4 & 5 namely Mr. Harish Chand Govil, Mr. Rajneesh Gupta and Ms. Malvika Gupta in their joint written statement have admitted the facts aforesaid set out in the plaint and have pleaded that they have no objection to the property being partitioned and have additionally sought a direction to the defendant No.2 to render account of the rent realised by him from the tenant on the second floor of the property.