DAYAWATI Vs. SHIS RAM (THRU LR.)

JUDGEMENT

(1.) The impugned order dated 20.12.2017 passed by the court of learned Additional District Judge-04, South-West District, Dwarka, New Delhi ('ADJ') in Civil Suit No.80/2016 dismissing the application of the petitioner/plaintiff under Order XII Rule 6 of the Code of Civil Procedure, 1908 ('CPC') for passing a decree for recovery of Rs.45 lacs with interest against respondent No.3 on his admissions, is the subject-matter of challenge in this revision petition.

(2.) As per the factual matrix, the petitioner filed a Civil Suit being CS (OS) No.2502/2009 for recovery of Rs.45 lacs and for partition and permanent injunction against the respondents in this court on original jurisdiction in respect of three plots measuring 145 sq. yards, 178 sq. yards and 490 sq. yards comprising of khasra No.41 and a plot measuring 1008 sq. yards comprising in khasra No.65 situated in lal dora/abadi of village Jhuljhuli, Delhi. The father of the petitioner and of the respondents no.4 to 6 and the grandfather of respondents no.3 (i) to 3 (iii), namely, Shis Ram, since deceased, sold the ancestral agricultural land measuring 31 bigha 9 biswas in the month of August, 2007 for a sale consideration of Rs.15,31,25,000/-. Out of the sale consideration, a sum of Rs.1,73,75,000/- was paid to the petitioner by Late Shis Ram, since deceased between 20.08.2007 to 17.10.2007. The respondent No.1 Shis Ram (since deceased) assured the petitioner that further amount of Rs.45 lacs, being the balance of her 1/7th share out of the amount received by him in respect of sale of the ancestral agricultural land, would be paid to her. It is further pleaded by the petitioner that her brother, Daya Ram (since deceased) had taken more amount from their father.

(3.) In his written statement, the defendant No.3, Daya Ram (since deceased), inter alia, pleaded that he was given Rs.3 crores from the sale proceeds of Rs.15 crores.