SANJIV K. SINGH Vs. RITU SINGH

JUDGEMENT

(1.) This decision disposes of two connected appeals under Section 96 of the Code of Civil Procedure,1908 preferred by the defendants in Suit No.378/2003, the first assailing the preliminary decree dated 26.05.2012 and the second assailing the final decree dated 01.03.2017,both passed by the learned Additional District Judge, Tis Hazari Courts, Delhi.

(2.) Once again, an unsavoury litigation has erupted amongst the kin of a departed soul. The parties are in litigation to take their parcel of share in the suit property which they have earned by way of bounty through inheritance. The lis pertains to the property situated at 104, Malcha Marg, New Delhi left by late Sardar Kavaljit Singh who died intestate on 03.10.1971.

(3.) Under the preliminary decree impugned in RFA No. 390/2012, the learned trial Court has decreed the suit for partition, declaration and rendition of accounts instituted by the respondents/plaintiffs, by holding that the suit property was a self-acquired property owned by their father late Sardar Kavaljit Singh and had, therefore, devolved in equal shares upon his five legal heirs when he died. The final decree in terms of the preliminary decree was subsequently passed by the trial Court on 01.03.2017 and the same is under challenge in RFA No. 490/2017.