RAJINDER KAUR (DECEASED) THROUGH LEGAL HEIR USHA Vs. GURBHAJAN KAUR (DECEASED) THROUGH LRS UPINDER KAUR AND OTHERS

JUDGEMENT

(1.) By this single judgment, I shall dispose of two connected Regular Second Appeal No. 6076 of 2015 titled as Rajinder Kaur (deceased) through legal heir Usha vs. Gurbhajan Kaur (deceased) through LRs Upinder Kaur and others and Regular Second Appeal No. 2761 of 2016 titled as S. C. Bhalla vs. Smt. Usha and others, arising out of same judgments of the Courts below. Facts of the case are extracted from Regular Second Appeal No. 6076 of 2015.

(2.) Rajinder Kaur (deceased) now represented through her legal heir Usha had filed a suit for partition of SCO No. 40, Sector 7C, Chandigarh, Madhya Marg, UT Chandigarh by metes and bounds by way of auction amongst the co-owners/ share holders and if the auction amongst co-owners/ share holders is not possible then by putting the said property on open auction and the sale proceeded be distributed amongst the co-owners and share holders. Further prayer was made for permanent injunction restraining the defendant nos. 3 to 9 from selling/alienating their share and from letting out or parting with the possession, directly or indirectly or creating any kind of charge/ encumbrances on the property in dispute. Further, rendition of accounts was also sought from defendant nos. 3 to 9 regarding rent collected by them from the tenants i. e. defendant nos. 10 to 14. Further injunction was sought against defendant nos. 3 to 9 for restraining them from receiving any rent from defendant nos. 10 to 14 and directing defendant nos. 10 to 14 to deposit the rent in the Court.

(3.) Facts of the case are that plaintiff along with defendant nos. 1 and 2 Raj Kulbir Kaur wife of Bhupinder Singh purchased SCO No. 40, Sector 7C Chandigarh to the extent of 75% from defendant no. 3 namely Bhupinder Singh vide sale deed dated 26. 6. 1975. 25% share was transferred in the name of the plaintiff. Another 25% in favour of defendant no. 2 and remaining 25% in favour of Rajkulbir Kaur wife of defendant no. Rajkulbir Kaur later on sold her share to some other person. At present, share of plaintiff and defendant nos. 1 to 9 is as under:-