LAWS(DLH)-2018-8-589

KRISHAN GOPAL Vs. PRAHLAD KUMAR

Decided On August 16, 2018
KRISHAN GOPAL Appellant
V/S
PRAHLAD KUMAR Respondents

JUDGEMENT

(1.) The Plaintiff, Shri Krishan Gopal (hereinafter 'Plaintiff') and Defendant, Shri Prahlad Kumar (hereinafter 'Defendant') are the sons of late Shri Raghu Nath Sahai who was the owner of B-198, Maharana Pratap Enclave, Pitam Pura, Delhi-110034 admeasuring 308.33 square yards. The lease deed signed by the DDA in favour of Shri Raghu Nath Sahai, in respect of the said plot is duly registered. Shri Sahai passed away, intestate, on 16th October, 1985. He was survived by two sons, three daughters and his widow at the time of his death.

(2.) The widow of Shri Sahai, Smt. Naraini Devi and the three daughters, Smt. Bimla Devi, Smt. Geeta Devi and Smt. Sunita @ Sudha executed a relinquishment deed dated 3rd June, 1992 relinquishing their share in the suit property in favour of the Plaintiff and the Defendant. The said deed is a registered relinquishment deed. Thus, the Plaintiff and the Defendant became co-owners of the property. The property stands mutated in favour of the Plaintiff and the Defendant vide mutation letter dated 9th July, 1993.

(3.) The property has already been converted from leasehold to freehold by the Delhi Development Authority (DDA) and consequently, conveyance deed has been executed by the DDA on 15th November, 1999 duly registered with the Sub-Registrar on 18th November, 1999. The mother of the parties expired on 5th August, 2009.