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2019 Supreme(Del) 286

J.R.MIDHA
Rani Sharma – Appellant
Versus
Shashank Tiwari – Respondent


Advocates Appeared:
For the Petitioners:Mr. T.N. Saxena and Mr. Alok Nath Saxena, Advocates.
For the Respondents:Mr. Anil Mittal and Ms. Komal Aggarwal, Advocates.

JUDGMENT :

1. The plaintiff is seeking partition of property bearing No. B-5/158, Safdarjung Enclave, New Delhi-110029, hereinafter referred to as ‘the suit property’.

2. The suit property was owned by late O.P. Tiwari who expired on 03rd August, 1999 leaving behind two sons, namely Shashank and Rajender and two daughters, namely Veena and Rani. Rani is the plaintiff whereas Shashank, Rajender and Veena are defendants No.1, 2 and 3 respectively.

3. According to the plaintiff, late O.P. Tiwari died intestate and the aforesaid property devolved upon the plaintiff and the defendants in equal proportion of 1/4th each.

4. According to Defendants No.1 and 2, late O.P. Tiwari left behind a registered Will dated 22nd March, 1996 by which the suit property devolved upon defendants No.1 and 2 in equal shares.

5. The following issues were framed by this Court on 29th January, 2014:

“1. Whether the subject matter property is the self-acquired property of the plaintiff’s father? OPP

2. Whether the plaintiff is entitled to the decree of partition against the defendants? OPP

3. Whether the plaintiff is entitled to 1/4th share in the suit property? OPP

4. Whether the alleged Will dated 22nd March (sic), 19

































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