RAJIV SAHAI ENDLAW
Satya Gupta – Appellant
Versus
Guneet Singh – Respondent
1. The plaintiff has filed this suit for partition of property No.14/10, Ground Floor, Rear Portion, Shakti Nagar, Delhi as shown in the Site Plan filed with the plaint. The said Site Plan upon being admitted by the defendant during admission/denial of documents, has been given Ex.P-1.
2. Vide judgment dated 7th November, 2012, a preliminary decree for partition, declaring the plaintiff and the defendant to be having half undivided share each in the said property was passed, noticing the undisputed facts as under:
i) One Shri Jai Narain Gupta and one Shri Raj Kumar Aggarwal were the owners of the ground floor built on half portion admeasuring 120.575 square yards of property No.14/10, Shakti Nagar, Delhi-110007;
ii) The father of the defendant was a tenant of the said ground floor, paying half of the rent to Shri Jai Narain Gupta and remaining half rent to Shri Raj Kumar Aggarwal;
iii) Shri Jai Narain Gupta died on 01.01.1998 and the plaintiff is the daughter-in-law of Shri Jai Narain Gupta;
iv) That after the demise of Shri Jai Narain Gupta, the father of the defendant and after his demise the defendant, was paying the share of the rent of Shri Jai Narain Gupta to the p
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