(1.) THE plaintiff in the present suit seeks partition of property bearing no. 13-B/4, Old Rajinder Nagar, New Delhi claiming one-half share in the said property.
(2.) THE facts succinctly stated are that in the year 1954, Shri Jagat Ram sethi had purchased the leasehold rights of the aforesaid property, measuring 752. 3 sq. metres (868 sq. yards) from the Delhi Improvement trust (now DDA) by way of a perpetual Lease Deed dated 12th September, 1956, registered as Document No. 3112, Additional Book No. I, Volume 298 with the Sub-Registrar, Delhi on 24th September, 1956. On this plot, Shri jagat Ram Sethi constructed a two and a half storeyed residential house and continued to hold the same as an owner till the time of his death on 15th april, 1978. He left surviving him Smt. Daya Wati Sethi his widow, Smt. Prem Sahni his daughter (the defendant No. 2), Shri R. C. Sethi his son (the plaintiff herein) and Shri I. M. Sethi his younger son (the defendant no. 1 herein ). He also left a will dated 06. 07. 1971 bequeathing the property to his two sons, i. e. , the plaintiff and the defendant No. 1 in equal shares with the right of residence to his wife during her lifetime alongwith the rental income therefrom.
(3.) ABOUT seven years later, his widow (Smt. Daya Wati Sethi) also died on 28th June, 1985. She too left a will dated 1st March, 1979 bequeathing the property in equal shares to her two sons. Thus, the plaintiff and the defendant No. 1 came to own the property in equal shares.
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