SANJEEV AGGARWAL AND ORS. Vs. ROSHAN LAL SOOD

JUDGEMENT

(1.) In the instant suit, the plaintiffs have claimed the following relief:

(2.) Undisputedly, the plaintiffs and defendant are co -owners of the suit property bearing Municipal No. 135, Lower Bazar, Shimla comprising four storeys, besides sub basement and land underneath measuring 75 square yards, bearing Khasra No. 413 (old), Khasra Paimaish 1907 and at present Khewat No. 1 min, Khatauni No. 257, Khasra No. 1046, measuring 68 -38 square meters, as per latest Missal Haquiat Bandobast Jadid 2002 -2003, situate in Bazar Ward, Bara Shimla, Tehsil Shimla (Urban). The previous owner of the suit property admittedly was one Shri Chiranji Lal Sood, who had obtained the same in partition of joint family properties of Nauranga and Khazana sons of Bilasa. After the death of Chiranji Lal and his wife Smt. Sarswati Devi, the suit property was inherited by their sons and daughters. It is from them, the plaintiffs and defendant have purchased the same through registered sale deeds. There is again no quarrel so as to plaintiffs are owners of the suit land to the extent of 2/5 share each, whereas the defendant 1/5 share. As a matter of fact, the parties to the suit have purchased undivided shares from its previous owners in the suit property, hence the suit for the decree of partition thereof by metes and bounds firstly by preliminary decree and ultimately a final decree.

(3.) This Court on 21.9.2004 has passed a preliminary decree after considering the pleadings of the parties on both sides and the preliminary objections qua valuation of the suit for the purposes of court fee and jurisdiction raised by the defendant. The judgment dated 21.9.2004 reads as follows: