SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2008 Supreme(Del) 1236

RAJIV SAHAI ENDLAW
A. K. Chatterjee – Appellant
Versus
Ashok Kumar Chatterjee – Respondent


Advocates Appeared:
Mr. Ravinder Sethi, Sr. Advocate and Mr. Rajiv Kumar Ghawana, Advocate for the plaintiff.
Mr. N.N. Aggrawal, Mr. Abhijeet Chatterjee, Mr. Subodh K. Pathak and Mr. S.P.M. Tripathi, Advocates for the defendant No.1. Mr. A.S. Chandhiok, Sr. Advocate and Mr. Ashwani Kumar Chopra, Sr. Advocate with Ms. Fareha, Ms. Vibha Dhawan and Mr. Shekhar Kumar, Advocate for the applicants.

RAJIV SAHAI ENDLAW, J.

1. The purchasers from the defendant in this suit for partition of immovable property claim substitution in place of the defendant. The application is opposed by the defendant only to the extent of substitution. The defendant otherwise has no objection to the impleadment of the applicants as a party to the suit. The plaintiffs, however, oppose substitution or even impleadment of the applicants as parties.

.2. This suit for partition has been pending since 1994 and the plaintiffs and the defendant have already concluded their evidence and the suit is ripe for final arguments. The plaintiffs claimed that each of the plaintiffs No.1 to 6 and the defendant have a 1/7th share in the property. It is the case of the plaintiffs that the predecessor of the parties was a member of the cooperative society which had allotted the land; that the said predecessor with the consent of all the parties transferred the said land in the name of the defendant being the eldest son so as to enable grant of government loan for house construction, the defendant being in government service. The defendant contested the suit claiming to be the sole owner of the property.

3. There was a















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top