BRIJWASI INFRATECH PVT. LTD. Vs. VIKAS JAIN

JUDGEMENT

(1.) I.As. 7829/2019, 7830/2019, 8004/2019 in CS(OS) 3171/2014

(2.) The suit relates to property bearing No.3, Block-A1, Krishna Nagar, Delhi admeasuring 593.20 sq. yards (hereinafter "suit property") in which 1/4th share belonged to Shri Tej Kumar Jain, who is the father of Shri Vikas Jain Defendant. The devolution of 1/4th share in favour of Shri Tej Kumar Jain is not in dispute. As on date, the Plaintiff is undisputedly the owner of 3/4th share of the property having purchased it from the various owners who trace back their title to Shri Chunni Lal Sethi - who was the absolute owner of the property. The detailed facts have been captured in the preliminary decree dated 18th April, 2017 as also the judgment dated 31st October, 2018.

(3.) Insofar as the 1/4th share of Shri Tej Kumar Jain is concerned, the same was sold by him to his wife Smt. Shakuntala Jain vide sale deed dated 2 nd January, 1991. Smt. Shakuntala Jain passed away on 30th October, 2000 leaving behind four sons and one daughter. One of the sons is Mr. Vikas Jain, the Defendant herein. The Defendant is, thus, one of the four sons of Shri Tej Kumar Jain, who owns 1/16th share of the property. All the remaining heirs of Shri Tej Kumar Jain have sold their respective shares to the Plaintiff.