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2019 Supreme(Del) 115

MUKTA GUPTA
MRIGENDRA PRITAM VIKRAM SINGH STEINER – Appellant
Versus
JASWINDER SINGH – Respondent


Advocates Appeared:
For the Plaintiff :Mr. A.K. Vali and Mr. Tuhin, Advocates.
For the Defendant :Mr. Viraj R. Datar and Mr. Karan Mehta, Advocates.

JUDGMENT :

1. The present suit has been filed by the four sisters through their mother as the attorney being the legal heirs of deceased late Rajendra Vikram Singh against defendant No. 1 who is the son of the brother of the deceased Rajendra Vikram Singh.

2. The deceased Rajendra Vikram Singh left two properties, that is, Half portion of B-10, Westend Colony, New Delhi admeasuring about 400 sq. yards out of total plot size of approximately 800 sq. yards and Flat No. 510, Suryakiran Building, 19, Kasturba Gandhi Marg, New Delhi admeasuring 1105 sq. feet and died on 2nd January, 2011 survived by the four daughters as the mother of the plaintiffs and their father had divorced. The defendant No.1 claims his right on the properties on the basis of the Will dated 5th December, 2000.

3. After the pleadings were complete the following issues were settled :

“(i) Are the Plaintiffs entitled to be declared as owners of half portions of the property at B-10, West End, New Delhi as described in Schedule I to the plaint? (OPP)

(ii) Are the Plaintiffs entitled to preliminary decree of partition and thereafter the final decree of partition by metes and bounds as prayed for in respect of the property a






































































































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