SANGITA MUNDHRA Vs. MADHURICA MUNDHRA

JUDGEMENT

(1.) This matter is fixed for framing of issues. The suit is filed by the plaintiff seeking a decree of partition in respect of the suit property being Ground floor and roof right of the second floor of property N-43, Greater Kailash.-I, New Delhi. Plaintiff and defendant are sister-in-laws i.e. their respective husbands being real brothers. The case of the plaintiff is that via sale deed dated 21.1.2014 this suit property was bought jointly each party having 50% undivided share. It is stated that the plaintiff issued a notice to the defendant for partition of the suit premises but there was no response. Hence, the present suit.

(2.) Defendant has filed her written statement. In the written statement it is stated that the original owners agreed to sell the suit property at a lower rate as it was occupied by Shri Madan Lal Mundhra the father in law of the parties as a tenant and the tenancy was protected under the Delhi Rent Control Act, 1958. It is also stated that in a suit filed by the plaintiffs in the Calcutta High Court a plea was raised that the suit property belongs to Shri Madan Lal Mundhra HUF. It is further stated that the plaintiff has not paid the sale consideration for purchasing the suit property jointly with the defendant. The entire consideration was paid by Shri Suresh Kumar Mundhra HUF and the Karta of this HUF is the husband of the defendant. It is stated that the said amount is duly entered in the ITRs of the plaintiff and Shri Suresh Kumar Mundhra, HUF.

(3.) On 30.10.2018 this court passed the following order:-