INDIRA UPPAL Vs. J N UPPAL

JUDGEMENT

(1.) THE parties in this case are four brothers and one sister. They have equal shares in two properties namely 20, Todar Mal Road, New Delhi and 9a/50 WEA, Karol Bagh, New Delhi. An award for partitioning these two properties among these brothers and sister has become final and it has been held that each of them will have 20 % share in the property. This Court vide order dated May 2, 2008 observed that the award was to be executed as decree and as per the award, properties are to be sold and shares distributed. This Court observed that it would be appropriate that in the first instance attempt is made for inter se bidding.

(2.) ON 11th September, 2008, the Court was told that inter se bidding was not possible and at the request of parties, a valuer was appointed for valuation of the two properties. As per valuer report, the property at Todar mal Road was worth Rs. 7,73,06,000/- and the property at Karol Bagh was worth Rs. 1,94,75,000/ -. In view of the valuer report, the total value of the properties comes to Rs. 9,67,81,000/- and the share of each of the brothers/sister comes to Rs. 1,93 crores approximately. Dr. Harish Uppal had made an application under Section 3 (1) of the Transfer of Property Act, 1893 (SIC Partition Act, 1893) read with Section 151 of CPC wherein he has prayed that the first floor on 20, Todar Mal Road may be sold to JD-4 under section 3 (1) of Partition Act at the price ascertained by the valuer and this price may be set off against his share and if there was any further amount due, the same shall be paid by JD-4.

(3.) THERE is another similar application made by another decree holder namely Ms. Indira Uppal. She had prayed that she opts to buy full property of 9a/50, WEA Karol Bagh at the valuation done by valuer and she was prepared to pay the difference between her share and the value of the property as assessed by the valuer. The applications are opposed by other decree holders. During arguments, it transpired from the arguments of the parties that the valuation done by the valuer does not reflect true market value of the properties. Even according to Dr. Harish Uppal, JDs living in karol Bagh property have got the values of property fixed through the valuer in such a manner that the value of the property at Karol Bagh comes almost equal to one share and the JD living in the property wants to take benefit of this. It was also submitted that the valuation of Todar Mal Road property was also not done as per market value and the market value of the property was more than what has been assessed by the valuer. While Dr. Uppal is interested in purchasing one floor of the property at Todar Mal Road, other jds want to have their preference for Karol Bagh house against their share and pay the difference. More specifically Mr. Gopal Krishan Uppal who is also residing at Karol Bagh property has stated that this property must go to him. Ms. Indira Uppal is also partly occupying the same property. She also wants to purchase this property.