Anju Parwani vs Ashwani Parwani

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 930

SURESH KUMAR KAIT
Anju Parwani – Appellant
Versus
Ashwani Parwani – Respondent

Advocates appeared:
Mr. Piyush Kaushik & Ms. Hyyat Ahluwalia, Advs, for the Plaintiffs; Mr. Subhash Mishra, Adv, for the Defendant Nos. 1 & 2

JUDGMENT

(Oral)

1. The present suit has been filed for partition and permanent injunction by the plaintiffs in respect of property bearing No. 43/16, 2nd Floor, East Patel Nagar, New Delhi-110008 declaring the Plaintiff No. 1 to be 2/3rd owner of the suit property and both Plaintiff No. 2 and Defendant No. 1 to be the owner to the extent of 1/6th share.

2. The crux of the suit is plaintiff No. 1 along with her husband Late Mr.Jawaharlal Parwani, who is father of plaintiff No. 2 and defendant No. 1, had purchased half undivided share each in the suit property vide two separate sale deeds, both dated 15.09.2000. One half undivided share in the properties was registered in the name of Late Jawaharlal Parwani and the other half undivided share in the property was in the name of plaintiff No. 1 without terrace/roof rights in the freehold property along with proportionate, undivided, indivisible and impartible ownership rights in the underneath land admeasuring 200 sq. yards. The husband of plaintiff No. 1 expired intestate on 06.07.2016, leaving behind plaintiff No. 1, plaintiff No. 2 and defendant No. 1 as his only Class-I legal heir in respect of his half undivided share in the said prop

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