MANJU CHOUDHARY Vs. SUDESH LAMBA & ORS

JUDGEMENT

(1.) The plaintiff has instituted this suit, for partition of and for rendition of accounts with respect to, property no. 217 Jor Bagh, New Delhi-3, pleading, (i) that the property no. 217 Jor Bagh, New Delhi was auctioned on 7th March, 1953 in favour of the paternal grandfather of the plaintiff and the six defendants namely Late Sh. Captain Risal Singh and the said paternal grandfather of the plaintiff paid consideration for purchase of and raised construction of the suit property; (ii) that Sh. Gian Singh, father of the plaintiff and six defendants inherited a number of properties from his parents; (iii) that the grandfather of the plaintiff Late Sh. Captain Risal Singh died in the year 1955, without leaving any Will and Sh. Gian Singh started enjoying the property, being the legal heir of Late Sh. Captain Risal Singh, as per the family arrangement; (iv) that the parents of the plaintiff and the six defendants were residing in the subject property; (v) that while all the other sisters of the plaintiff i.e. defendants no.1 to 6 got married, the plaintiff chose to remain un-married and continued looking after her parents; (vi) that in the year 2002, the defendant no. 1 polluted the mind of the parents against the plaintiff and owing thereto the relationship of the plaintiff with her parents got strained, and after a brief period of dispute in the family, the plaintiff had to leave the subject property, though against her wishes, for the sake of peace of mind, and since then has been residing separately; (vii) that after the demise of the parents, the defendants are attempting to dispose of the property; and, (viii) that the plaintiff has 1/7th share in the property.

(2.) The suit came up first before this Court on 8th October, 2018 when summons thereof were ordered to be issued and status quo directed to be maintained with respect to title and possession of the property.

(3.) Defendants no.1 and 3 to 6 filed applications under Order 7 Rule 11 and under Order XXXIX Rule 4 CPC, which were dismissed/disposed of by the order dated 22nd November, 2018.