MAHESH CHANDER AHUJA Vs. TILAK RAJ AHUJA

JUDGEMENT

(1.) A suit for partition was filed by Mr. Tilak Raj Ahuja - Respondent/Plaintiff (hereinafter, Plaintiff) against his brother Mr. Mahesh Chander Ahuja - Appellant/Defendant (hereinafter, Defendant). Both are sons of Late. Sh. Harbans Lal Ahuja (hereinafter, father) who was the owner of property No.J-13/9, Rajouri Garden, New Delhi (hereinafter, suit property). The mother of the parties is Smt. Chanan Devi Ahuja (hereinafter, mother).

(2.) It is the case of the Plaintiff that his father had passed away on 19th November, 1978 and his mother had passed away on 20th June, 1999. Upon the death of the father, he had left behind three legal heirs, his wife and two sons. During the lifetime of the mother, according to the Plaintiff, a Relinquishment Deed dated 19th August, 1996 (Ex. PW-1/5) was executed by her in favour of the Plaintiff. The Defendant refused to acknowledge the validity of the Relinquishment Deed which states that the Plaintiff has become owner of 2/3rd portion of the suit property. The Defendant also refused to acknowledge the legal notice dated 3rd December, 2005 (PW1/6), whereby the Plaintiff requested the Defendant to partition the suit property in the ratio of 2:1 in his favour. Hence, the Plaintiff instituted a suit for declaration of ownership of 2/3rd share in the suit property, based on the Relinquishment Deed and a consequential decree of partition.

(3.) The Defendant challenged the execution of the Relinquishment Deed by pleading that the same was a manipulated and a fabricated document. The Defendant pleaded that the mother was living with him and was being cared for by him and she was also illiterate. The Defendant further claimed that he had spent considerable money in raising the construction on the suit property and getting the completion certificate from the municipal authorities and hence he was entitled to 1/2 share in the suit property.