REKHA PUJJI Vs. MAHINDER PAL SINGH PUJJI

JUDGEMENT

(1.) This is a suit for partition filed by an estranged wife against her husband. The plaintiff claims to have been ousted from her matrimonial home by her husband the defendant herein.

(2.) Both of them were married on 30.11.1989. The plaintiff and the defendant claim to be the joint owners of the suit properties viz a) C-4F/283 (Commercial shop + flat on Main Road) , Janakpuri, New Delhi; b) shop bearing No.17/2864, Beadonpura, Karol Bagh, New Delhi; c) Flat bearing No.C-3, Amit Apartments, Mall Road, Solan, Himachal Pradesh (hereinafter referred as the 'Janakpuri', 'Karol Bagh' and 'Solan' properties respectively). The plaintiff is alleged to be in constructive possession of the above said three properties, being the wife of the defendant. She filed a petition No.3107/4/2012 against the defendant for grant of maintenance under Section 125 of the Criminal Procedure Code which is pending in the Court of learned Mahila Court-03, West District, Tis Hazari Courts, Delhi. She has also filed a Civil Suit No.224/2012 for permanent injunction which is pending in the Court of learned Civil Judge, West District, Tis Hazari Courts, Delhi. The defendant in both the proceedings, in his reply had admitted the three properties are jointly owned by the plaintiff and the defendant.

(3.) The plaintiff has been calling upon the defendant time and again to partition the above said suit properties, but he had not come forward to partition the same, hence this suit.