SAJAN SETHI Vs. RAJAN SETHI

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit impugning the Judgment of the trial court dated 20.04.2018 by which the trial court has passed a final decree for partition with respect to the property bearing no. D-1090, New Friends Colony, New Delhi (hereinafter "suit property") situated on a plot of 292 sq. yards. There is already a preliminary decree passed between the parties on 06.03.2017 declaring the shares/rights of the parties in the suit property, and the same has become final.

(2.) The facts of the case are that the suit property was owned by the father of the parties, Sh. S.L. Sethi. On the death of the father of the parties, the suit property devolved upon the mother, Smt. Krishna Sethi by virtue of the Will of the father. When the mother died, she died leaving behind her Will dated 27.01.2005. To the extent of the facts stated above, the same are not in dispute. The issue pertains to the partition of the suit property in terms of the Will of the mother dated 27.01.2005.

(3.) As per the Will dated 27.01.2005 of the mother, there is no dispute that the ground-floor portion fell to the share of the respondent/plaintiff, the first-floor portion fell to the share of the appellant/defendant and the second-floor portion was to be divided equally between the parties with the front-half portion falling to the share of the appellant/defendant and the back-half portion of the second-floor falling to the share of the respondent/plaintiff. The relevant para of the Will of the mother dividing the property reads as under: