SIMMI BHALLA Vs. GAUTAM JOHAR AND ORS

JUDGEMENT

(1.) C.M. No. 53698/2018 (exemption)

(2.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the trial court dated 28.09.2018 by which the trial court has dismissed the suit for injunction, mesne profits etc. filed by the appellant/plaintiff. In the suit there were a total of four defendants. Respondent no.1/Defendant no.1 was the brother of the appellant/plaintiff. Respondent nos. 2 and 3/Defendant nos. 2 and 3 are the sisters of the appellant/plaintiff i.e. appellant/plaintiff and defendant nos.1 to 3 are brother and sisters. Defendant no. 4 in the suit was the purchaser of the suit property from defendant no. 1. The suit property is an LIG flat bearing no. BB-35C, Shalimar Bagh (West), Delhi. Respondent no. 5/Defendant no.5/Mr. Saleem Raj Usmani was deleted from the array of defendants in terms of the Order of the trial court dated 03.06.2008. Therefore, there remained only four defendants in the suit as stated above.

(3.) The facts of the case are that it was pleaded by the appellant/plaintiff that the suit property was purchased by her father for an amount of Rs. 4,38,000/- and the Power of Attorney dated 07.04.1994 was accordingly executed by the seller Ms. Abha Mathur in favour of the father of the appellant/plaintiff, namely Late Mr. Bal Kishan Johar. It was pleaded that the father Late Mr. Bal Kishan Johar died intestate, and therefore, the suit property will be co-owned to the extent of 1/4th share each by the appellant/plaintiff and respondent no. 1-3/defendant nos. 1-3. Hence, the suit seeking partition etc. was filed.