RAMESHWAR DAYAL GUPTA Vs. MANGE RAM GUPTA

JUDGEMENT

(1.) I.A. 12997/2018 (application on behalf of the Plaintiff under Order 12 Rule 6 CPC)

(2.) Briefly stated, the facts of the case are that, Plaintiff has filed the present suit inter alia, seeking a decree of partition of the residential house bearing No. B-7/33, Safdarjung Enclave, New Delhi- 110029, consisting of a super structure of built up Ground Floor, First Floor and Barsati Floor and land underneath admeasuring approximately 425 square yards (hereinafter referred to as "Suit Property"). The suit was initially filed against his two brothers i.e. Mange Ram Gupta and Rajinder Prasad Gupta as Defendant Nos. 1 & 2 and against the legal heirs of his pre-deceased brother namely (i) Alka Gupta (ii) Sidharth Gupta and, (iii) Aishwarya Gupta, as Defendant Nos. 3 to 5. However, vide order dated 23rd May 2018, Defendant Nos. 2 to 5, were deleted from the array of Defendants.

(3.) The case as set up in the plaint is that, Plaintiff and Defendant are the coowners of the suit property by virtue of perpetual lease deed dated 31st December 1968, having equal 50% undivided share each therein . The said property was jointly purchased from their self acquired funds. Late Shri Shambhu Dayal Gupta had four sons the Plaintiff, the Defendant, Sh. Rajinder Prasad Gupta and Sh. Surinder Kumar Gupta. The aforenoted brother namely Sh. Rajinder Prasad Gupta and Sh. Surinder Kumar Gupta were allowed to reside in certain portions of the suit property as gratuitous licensees along with their respective families. Suits for eviction were filed against Defendant Nos. 2 to 5. In the pleadings of the said suits, Defendant No. 1 admitted that Plaintiff owned 50% undivided share in the suit property. The parties executed a Memorandum of Understanding (MOU) dated 8 th May 2014 agreeing to cooperate in their effort to legally evict the said Defendants. After obtaining the possession of the said portion of the suit property from them, the Defendant with is now denying the title of the Plaintiff and has refused to partition the suit property.