MEERA GUPTA Vs. DINESH CHAND

JUDGEMENT

(1.) IA No. 11944/92 is an application under Order 12 Rule 6 and under order 40 Rule I read with Section 151 Civil Procedure Code . filed by the defendant No. 2 for a judgment on admissions and for appointment of a receiver for the suit properties.

(2.) The plaintiff filed the present suit for partition, rendition of accounts and for a permanent injunction restraining the defendants from interfering with the plaintiffs possession over a portion of the property bearing No.. 1607-08, Dariba Kalan, Delhi. According to the plaintiff, her husband Subhash Chand Gupta (since deceased) and Dinesh Chandra (defendant No. 1) were real brothers. They were joint owners of the following properties :-

(3.) Defendant No. 1 sold the properly bearing No. 818, during lifetime of Subhash Chand Gupta. Defendant No. 3 is the adopted daughter of Subhash Chand Gupta. There are three shops in the ground floor of the property bearing No. 1607-08, which are in possession of tenants. First and second floor of the said properly are in occupation of the plaintiff and the defendant Nos. 1 and 2 respectively. Property No. C-7, Geetanjali, New Delhi is in occupation of a tenant. It is alleged that on 20.3.1991, Subhash Chand Gupta died intestate as a result whereof the plaintiff and defendant Nos. 1 and 3 became co-owners of the aforesaid properties and their respective shares are as under :- <FRM>JUDGEMENT_633_DRJ50_1999Html1.htm</FRM>