MOHINDER SINGH Vs. KARTAR LAL

JUDGEMENT

(1.) The present suit was instituted by the plaintiffs against the defendants, seeking for declaration and partition in respect of the property bearing No. 313, Faiz Road, Gali Nos. 10 and 11, Karol Bagh, New Delhi. The plaintiffs also prayed for a declaration that the Agreement to Sale dated 15.1.1973, 18.12.1974 and 6.12.1978 pertaining to the aforesaid suit property are not legal and valid and not binding upon the plaintiffs.

(2.) On the admission of the plaintiffs and the defendants No. 1 and 5, this Court by order dated 8.3.1996 passed a preliminary decree in the suit declaring the share of the plaintiffs and the defendant No. 1 in the suit property as half share and the share of the defendant No. 5 in the light of the judgment in the case of Sardar Singh Vs. Smt. Krishna Devi & Am. reported in Vol. 54 (1994) DLT 500 (Supreme Court) as the remaining half in the suit property.

(3.) By a further order, the Court appointed Mr. V.K. Seth, Advocate, as a Local Commissioner to report as to whether the suit property could be partitioned/divided by metes and bounds between defendant No. 5 and defendant No. 1 (with plaintiffs) as per the share determined above. It was made clear that the aforesaid preliminary decree with regard to shares of defendants Nos. 1 and 5 as ordered would not effect the right of the defendant No. 1 and 6 in any manner either in the execution proceedings initiated by the defendant No. 6 which was pending before the Executing Court or in the present suit. It may be stated that the defendant No. 6 has been declared as the owner in respect of the share owned by the defendant No. 1 in the suit property and obtained a decree which is pending for execution.