ASHOK ALAGH Vs. NEELAM ALAGH & ORS

JUDGEMENT

(1.) The appellant was the plaintiff. Suit seeking partition of ground floor of property bearing No.N-215, Greater Kailash -I, New Delhi as also rendition of accounts filed against the wife and children of appellant's brother Subhash Alagh, who expired on Oct. 07, 2005, has been dismissed vide a impugned judgment and decree dated Sept. 30, 2015. The suit was instituted in the year 2006 i.e. soon after the death of appellant's brother.

(2.) Case pleaded in the plaint by the appellant was that the ground floor, partition whereof prayed was inherited by him and his deceased brother under a Will executed by the father and since the appellant was residing in the United Kingdom he allowed his brother to continue to occupy the suit property and manage the same with an option to purchase appellant's half share. With some persuasions Subhash agreed to purchase appellant's half share in the property for which he had to raise a loan from the bank by mortgaging the property and for which purpose he sent the draft of a special power of attorney in favour of his wife. The matter could not taken forward. Subhash expired and hence the suit was filed.

(3.) In the written statement filed the respondents admitted inheritance as pleaded by the appellant. They alleged concealment of material facts in the plaint. As per the appellant's at a settlement reduced into writing on Feb. 18, 1999, it was agreed that the appellant shall sell his half share to his brother in the suit property at a price to be determined by the parties and for purposes of receipt of money he executed a Power of Attorney on same date in favour of Kanchan Tuli, the sister of the parties. The brothers later on agreed that the value of the suit property Rs.20,00,000.00 and that Subhash paid Rs. 12,57,778.00 to the appellant towards his half share in the property.