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2. It is stated in the plaint that the father of the plaintiff and the defendant namely Sh. Niranjan Singh was an allottee of the property bearing No. 891 Sunlight Colony, New Delhi (hereinafter shall be referred as the "suit property"). The father of the parties Sh. Niranjan Singh died intestate. Thereafter, the suit Digitally (Neetu Nagar) signed by NEETU JSCC-ASCJ-GJ/South East NEETU NAGAR NAGAR Date:

Delhi: 18.09.2024 Page 2 of 50 2024.09.18 16:41:37 +0530 CS SCJ 1308/22 Surjeet Singh Vs. Manjeet Singh CS SCJ 1628/22 Manjit Singh Vs. Surjeet Singh (counter claim) property was inherited by his legal heirs i.e. Late Smt. Bimla Devi (Wife), Sh. Jitender Singh (Son), plaintiff (Son) and the Defendant (Son). It is averred that the defendant was major at the time of death of his father and therefore, it was agreed between the legal heirs of Late Sh. Niranjan Singh that the defendant being the major son will take the job of his late father in Delhi Development Authority on compassionate ground on the basis of No Objection by the other legal heirs and in lieu thereof he will relinquish his share in favor of the remaining legal heirs in respect of the suit property. Accordingly, the defendant joined the job of his late father in place of him and executed registered relinquishment deed dated 04.08.1989 in favour of Late Smt. Bimla Devi, Sh. Jitender Singh and the plaintiff. Hence, Late Smt. Bimla Devi, Sh. Jitender Singh and the plaintiff became owner of 1/3rd share each in the suit property. 2.1 It is averred that the defendant was not having any other place to reside and requested the plaintiff and Late Smt. Bimla Devi to reside on the First Floor of the suit property as a licensee. The defendant assured the plaintiff and Late Smt. Bimla Devi that he will vacate the suit property as and when the defendant will get suitable accommodation or when the same is required by the plaintiff and Late Smt. Bimla Devi. 2.2 It is further submitted that DDA had transferred/mutated the suit property in its record vide its letter (Neetu Nagar) NEETU JSCC-ASCJ-GJ/South East NAGAR Delhi: 18.09.2024 Page 3 of 50 Digitally signed by NEETU NAGAR Date: 2024.09.18 16:41:43 +0530 CS SCJ 1308/22 Surjeet Singh Vs. Manjeet Singh CS SCJ 1628/22 Manjit Singh Vs. Surjeet Singh (counter claim) dated 15.03.1990 in the names of late Smt. Bimla Devi, Sh.

Jitender Singh (now deceased) and the plaintiff. It is averred that at the time of death of Sh. Niranjan Singh, the suit property was constructed up to the ground floor only. Thereafter, first floor, second floor and third floor have been constructed by the plaintiff and Late Smt. Bimla Devi, from their own funds and resources. As per the agreement on the basis of oral partition, Smt. Bimla Devi had been residing along with plaintiff on Ground floor portion and the First Floor portion had been permitted to be used on license basis by the defendant and Second floor has been in the use and possession of Sh. Jitender Singh and his family and the third floor with terrace has been a common property of Late Smt. Bimla Devi, Late Sh. Jitender Singh and the Plaintiff before the death of Smt. Bimla Devi. It is averred that the first floor belonged to Late Smt. Bimla Devi as per oral agreement but for the convenience, Smt. Bimla Devi had been residing with the plaintiff on the ground floor portion as the plaintiff and his family members only had been taking care of her in her old age and during her long illness as well as out of love and affection. Late Smt. Bimla Devi had bequeathed her 1/3 rd share in the suit property in favour of plaintiff by virtue of a Registered Will dated 02.02.2016, in sound mental capacity which has been brought to the knowledge of all the legal heirs in the presence of the other relatives. Late Smt. Bimla Devi died on Digitally signed by (Neetu Nagar) NEETU JSCC-ASCJ-GJ/South East NEETU NAGAR NAGAR Date:

68. Costs of the suit be also awarded in favour of the plaintiff.

69. Decree sheet be prepared accordingly.

70. File be consigned to record room after due compliance.

                                                              Digitally
                                                              signed by
Announced in the open                                         NEETU
                                                        NEETU NAGAR
court today i.e. 18.09.2024                             NAGAR Date:
                                                              2024.09.18
(This judgment contains 50 pages                              16:46:50
                                                              +0530

signed by the undersigned)
                                                    (Neetu Nagar)
                                               JSCC-ASCJ-GJ/South East
                                                 Saket Courts: New Delhi




(Neetu Nagar)
JSCC-ASCJ-GJ/South East