Delhi High Court - Orders
Shri Parveen Jain & Anr vs Shri Naveen Jain on 25 April, 2022
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 226/2022
SHRI PARVEEN JAIN & ANR. ..... Plaintiff
Through: Mr. Balram Singh and Mr. D.K. Mishra,
Advocates.
versus
SHRI NAVEEN JAIN ..... Defendant
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 25.04.2022 I.A. 6204/2022 Exemption is allowed, subject to all just exceptions.
CS(OS) 226/2022
1. Plaint be registered as a suit.
2. Issue summons, returnable before the Joint Registrar on 13.07.2022.
I.A. 6203/20221. Plaintiff seeks partition of the subject suit property bearing number 2265-2274, measuring 500 square yards, Gali Pahar Wali, Dharampura, Nai Sarak, Delhi.
2. It is contended that the said property was the sole and absolute property of Sh. Dharampal Singh, the grandfather of the parties, who expired on 09.02.1980, leaving behind three children, namely, Shikhar Chand Jain, Munni Devi and Usha Jain and after his death, they became owner of the said property having therein 1/3 share each.
3. It is contended that father of the parties namely Mr. Shikhar Chand Digitally Signed Signature Not Verified By:JUSTICE SANJEEV Digitally Signed By:KUNAL SACHDEVA MAGGU CS(OS) 226/2022 Signing Date:25.04.2022 1 Signing Date:26.04.2022 12:55:07 22:56 This file is digitally signed by PS to HMJ Sanjeev Sachdeva.
Jain died on 27.08.2003, leaving behind the plaintiff, their mother and two sisters. All of whom inherited 1/6th share each in the 1/3rd share of Shikhar Chand Jain. Thereafter, their mother and sisters relinquished their rights in the subject property in favour of the parties by registered relinquishment deed dated 20.10.2003.
4. The sisters of the father of the parties also relinquished their respective shares in the said property by registered relinquishment deed dated 20.10.2003 and consequently, parties became the joint owners of the said property having therein 1/3 share each and property has also been duly mutated in their name on 23.02.2017.
5. It is contended that there is an apprehension that defendant may create third party rights in the suit property. It is further contended that defendant has unilaterally sought eviction one of the tenants without impleading the plaintiffs, thereby depriving them of their rights to possess the portion in occupation of the tenant.
6. Issue notice to the defendant, returnable on 23.08.2022.
7. Till the next date of hearing, defendant is restrained from selling, alienating, transferring, creating third party rights or changing the nature, possession and title of the suit property. This would however, not affect the continuation of the proceedings of eviction filed by the defendant against the tenant.
8. Order XXXIX Rule 3 be complied with within two days.
9. Order dasti under signatures of the Court Master.
APRIL 25, 2022/NA SANJEEV SACHDEVA, J
Digitally Signed
Signature Not Verified By:JUSTICE SANJEEV
Digitally Signed By:KUNAL SACHDEVA
MAGGU CS(OS) 226/2022 Signing Date:25.04.2022 2
Signing Date:26.04.2022 12:55:07 22:56
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.