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Judgment
Learned counsel for the plaintiffs as well as for defendant Nos.1 and 3 submits that the shares of the parties in the suit property, has not been disputed and a Preliminary Decree may be passed defining their shares.
None of the defendants have also filed their Written Statement on record.
The Suit for Mandatory Injunction, Permanent Injunction, Partition, Rendition of Accounts, Mesne Profits/Damages has been filed on behalf of the plaintiffs.
Essentially, Shri Brij Mohan Sharma, who was the husband of plaintiff No. 1 and the father of plaintiff No. 2 and defendant Nos. 1 to 3, died intestate on 26.09.2016 leaving behind the following properties: -
Property admeasuring 101.5 sq. yards having two rooms, out of Khasra No. 55/22 situated in Triveni Colony, Bakhtawarpur, Delhi-110036,
Built up Property i.e., Plot No. 28/4 out of Khasra No. 44/7 (2.14), Bakhtawarpur, Delhi-110036 (100 sq. yards approx.) having Ground Floor, First Floor and Second Floor,
Plot situated in Khasra No. 65/10/1 (1.16) situated in Bakhtawarpur, Delhi-110036.
It is submitted that all the parties to the Suit are entitled to 1/5th share in each of the properties, except the Property bearing House No. 208. Bakhtawarpur, Delhi-110036 situated in Khasra No. 120/51. The property admeasuring 400 Sq yards is owned in different proportions by the parties.
Part of Property no.208, Bakhtawarpur, Delhi-110036 situated in Khasra no.120/51 to the extent of 160 Sq. yards is owned by Plaintiffs and Defendants No.l and 2 jointly
Part of Property no.208, Bakhtawarpur, Delhi-110036 situated in Khasra no.120/51 to the extent of 40 Sq. yards is owned by Plaintiffs and Defendants No. l , 2 and 3.
Part of Property no.208, Bakhtawarpur, Delhi-110036 situated in Khasra no.120/51 to the extent of 400 Sq. yards was owned by the deceased Shri Brij Mohan Sharma.
Therefore, a preliminary decree for Partition has been sought for subject properties.
Submissions heard.
In view of the submissions made that the ownership as well as entitlement of the parties to the suit is admitted, the plaintiffs and the defendants are held entitled to the share in the aforementioned properties as under: -
The following properties were absolutely owned by the deceased Brij Mohan:
1. Property admeasuring 101.5 Sq. Yards having Two rooms, out of Khasra No.55/ 22 situated in Triveni Colony, Bakhtawarpur, Delhi – 110036 2. Built up property i.e. Plot no.28/4 out of Khasra no.44/7 ( 2.14), Bakhtawarpur, Delhi - 110036 ( 100 Sq. Yds. approx.) having Ground Floor, First Floor and 3. Plot situated in Khasra no.65/ 10/1 ( 1.16) situated in Bakhtawarpur, Delhi – 110036 4. Part of Property no.208, Bakhtawarpur, Delhi-110036 situated in Khasra no.120/56 to the extent of 200 Sq. yards | ||
|---|---|---|
| 1. | Plaintiff No. 1/ Mrs. Laxmi Sharma | 1/5 |
| 2. | Plaintiff No. 2/ Mr. Shatrughan Sharma | 1/5 |
| 3. | Defendant No. 1/ Mr. Anirudh Sharma | 1/5 |
| 4. | Defendant No. 2/ Mr. Abhimanyu Sharma | 1/5 |
| 5. | Defendant No. 3/ Mrs. Archana Sharma | 1/5 |
The following property is owned by Plaintiffs and defendant No. 1 & 2:
Part of Property no.208, Bakhtawarpur, Delhi-110036 situated in
| Khasra no.120/51 to the extent of 160 Sq. yards | ||
|---|---|---|
| 1. | Plaintiff No. 1/ Mrs. Laxmi Sharma | 1/4 |
| 2. | Plaintiff No. 2/ Mr. Shatrughan Sharma | 1/4 |
| 3. | Defendant No. 1/ Mr. Anirudh Sharma | 1/4 |
| 4. | Defendant No. 2/ Mr. Abhimanyu Sharma | 1/4 |
The following property is owned by all the parties to the suit:
| Part of Property no.208, Bakhtawarpur, Delhi-110036 situated in Khasra no.120/51 to the extent of 40 Sq. yards | ||
|---|---|---|
| 1. | Plaintiff No. 1/ Mrs. Laxmi Sharma | 1/5 |
| 2. | Plaintiff No. 2/ Mr. Shatrughan Sharma | 1/5 |
| 3. | Defendant No. 1/ Mr. Anirudh Sharma | 1/5 |
| 4. | Defendant No. 2/ Mr. Abhimanyu Sharma | 1/5 |
| 5. | Defendant No. 3/ Mrs. Archana Sharma | 1/5 |
The Preliminary Decree is accordingly passed.
List for consideration of rendition of accounts and for working out the mode of final partition of the properties by metes and bounds on 18.09.2024.