SAVITA ANAND Vs. KRISHNA SAIN & ORS

JUDGEMENT

(1.) The plaintiff has instituted this suit for partition claiming 1/4th share in the property bearing no. E-27, Block No. B-1 Extension, Mohan Co-operative Industrial Estate, New Delhi (hereafter "the Suit Property").

(2.) The deed of perpetual sub-lease of the Suit Property was executed in favour of defendant no.1 on 30.03.1979 and the conveyance deed relating to the Suit Property was executed on 09.10.2009. Shri Yashpal Sain had expired on 17.10.1963; this was prior to the execution of the aforesaid deeds. Nonetheless, the plaintiff claims that the Suit Property belonged to late Shri Yashpal Sain and, after his demise, had devolved on each of his legal heirs: the plaintiff (his daughter), defendant no. 1 (his widow Smt Krishna Sain), defendant no. 2 (his daughter) and defendant no. 3 (his son).

(3.) After examining the pleadings, on 26.02.2013, this Court had called upon the learned counsel for the plaintiff to explain as to how the plaintiff could claim any share in the Suit Property on the basis of her late father being a member of the Society in question. This Court further observed that the aspect relating to the Benami Transactions (Prohibition) Act, 1988 was required to be considered. Subsequently, on 27.08.2013, this Court struck a preliminary issue: