ASHISH DAVEY Vs. MANJULA

JUDGEMENT

(1.) Exemption allowed subject to just exceptions.

(2.) This Regular First Appeal under Sec. 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 12.10.2018 by which the trial court has decreed the suit for partition filed by the respondent/plaintiff/sister with respect to the property of the father being Flat No. 373-F, Pocket-II, Mayur Vihar Phase-I, Delhi. By the impugned judgment, a preliminary decree for partition has been passed granting 50% ownership interest in the suit property to both the parties to the suit.

(3.) The facts of the case are that the respondent/plaintiff filed the subject suit pleading that the suit property was owned by the father of the parties, Sh. Kanwar Lal Davey. It was pleaded that the father died intestate on 15.11.2009 leaving behind his widow/mother of the parties, the respondent/plaintiff/daughter and the appellant/ defendant/son. It was pleaded that the mother, Smt. Kiran Davey, expired on 02.04.2015 but before her death, she had executed a Will dated 05.01.2015 bequeathing her 1/3rd share in the suit property in favour of the respondent/plaintiff, and therefore the respondent/plaintiff claimed a 2/3rd share in the suit property. Since partition was claimed, but it was denied by the appellant/defendant, therefore, after serving Legal Notice dated 17.11.2014, the subject suit was filed.