LAWS(DLH)-2009-8-63

ANIL MADAN Vs. R K MADAN

Decided On August 21, 2009
ANIL MADAN Appellant
V/S
R K MADAN Respondents

JUDGEMENT

(1.) THIS judgment shall dispose of plaintiffs suit for partition of the suit property bearing Municipal No. 92-A (new Number 122), Sant Nagar, East of kailash, New Delhi and for seeking a decree for a sum of Rs. 4,20,000/- in favour of plaintiff against defendant No. 1 and interest at 12% per annum from the date of payment till its realization.

(2.) THE plaintiff, defendant No. 1 and Late Sh. Gulbir Madan were brothers. Sh. Gulbir Madan, the husband of defendant No. 2 and father of defendant Nos. 3 and 4 had died and therefore, his rights had devolved upon them.

(3.) IN respect of the suit property bearing No. 92-A (new Number 122), Sant nagar, East of Kailash, New Delhi measuring 207 sq. yards three separate sale deeds were executed by the vendor in favour of the three brothers. The sale deeds were in respect of 1/3rd share each. The property was purchased jointly and then a house was constructed out of the joint funds of the three brothers.