The court emphasized the need to factor in the tenancy rights of the respondent when passing a decree for partition, ensuring that the successful party is not deprived of the fruits of the decree.

PRADEEP NANDRAJOG, J.

1. A plot of land ad-measuring 8238 square feet situated in Block ‘F’ Connaught Place, New Delhi, bearing No.12 and 13 was demised in perpetuity by the Secretary of State for India in Council to M/s. Elahee Buksh & Co. The title was assigned by the lessee to M/s. Sarvara Construction Co. Ltd. and there from to Ms. Mayawanti, whose husband Dr. Sahib Singh constructed a building on the plot. Dr. Sahib Singh and Mayawanti were blessed with two sons : Harbans Singh and Shamsher Singh who, as per an award dated July 12, 1946 which was made a Rule of the Court in Suit No.94/16 of 1946 by the Senior Sub-Judge Shimla, became the joint owners of the plot and the building constructed thereon. The share of each was 50 : 50. Harbans Singh sold his half undivided share to Shamsher Singh who, upon execution of the deed of sale dated February 02, 1963 by his brother in his favour became sole owner of the property. On September 30, 1963 Shamsher Singh sold 50% share in the property to one Rattan Lal Govind Ram and Ms. Kalawati Gobindram. In this manner Shamsher Singh retained 50% share in the property with the other 50% share being of Rattanlal Gobindram and Ms.Kalawati Gobindram.

2. Shamsher Singh’s 50% undivided share was purchased by M/s. Sita World Travel (India) Ltd. on September 27, 1976. Under a scheme of amalgamation approved in CP No.481/2000 Sita World Travel (India) Ltd. merged with M/s.Kuoni Travel (India) Ltd. Through various indentures and wills, the other 50% share in the property ultimately reached the hands of Kishan Chand Dass, his wife Saroj Dass and his son Rahul Dass. We shall be referring to the three as the Dass family.

3. Aforenoted facts concerning title of the Dass family and M/s. Kuoni Travel (India) Ltd. are undisputed.

4. The Dass family instituted a suit for partition on September 24, 2002, in para 20 whereof, pleadings have been made qua tenancy rights as under:-

“20. The present situation is as under:

Tenants with covered are:

(i) Sita World Travel (India) Ltd.	Now represented by the defendant –company
(a) Garage Block	1599 sq. ft
(b) Ground floor	1800 sq. ft.
(c) First Floor	3575 sq. ft.
(d) Second Floor	3321 sq. ft.
(e) vacant plot behind the portion in occupation of	M/s Dass Studio
(ii) Union Bank of India Mezzanine floor only	1,355 sq. ft.
(iii) Dass Studio	a partnership firm with the plaintiff No.1 and Mrs. Biji Devi, as partner
Ground Floor	1575 sq. ft. (+ mezzanine)
Total	13,225 sq. ft.

The plaintiffs are entitled to 50% of the rent which is as under:

The remaining 50% of the rent would be in the entitlement of the defendant in view of the fact that M/s. Sita World Travel (India) Ltd. purchased 50% undivided share of the suit property from the Official Receiver being Shri Shamsher Singh’s 50% share in the suit property.”

5. In para 21 of the plaint it was averred as under:-

“21. That the plaintiff No.1 – as a partner of the firm, M/s Dass Studio, is in possession of 1575 sq. feet besides the mezzanine floor 50% undivided owner of the suit property. The defendant – M/s. Kuoni Travel (India) Ltd. – being the successor of M/s. Sita World Travel (India) Ltd., has 1599 sq. ft. in the garage block, 1800 sq. feet on the ground floor, 3575 sq. feet on the first floor besides 3321 sq. feet on the second floor besides vacant portion of the land behind the portion which is presently occupied by M/s Dass Studio. The defendant as such, is occupying much larger portion than his 50% share therein. The defendant is threatening to transfer, s