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2023 Supreme(Del) 2930

NAVIN CHAWLA
Aruna Bakshi – Appellant
Versus
Devender Kumar – Respondent


Advocates appeared:
Mr. Shrey Chathly, Advocate, for the Plaintiff.
Mr. R.D. Chauhan & Mr. Arun K Chauhan, Advocates, for LRs of D-1.

JUDGMENT

Navin Chawla, J. (Oral)

1. This suit has been filed by the plaintiff inter alia praying for the partition of the property bearing No.12-D, Old Gupta Colony, Delhi (hereinafter referred to as the "suit property").

2. It is the case of the plaintiff that the suit property was the self- acquired property of the father of the plaintiff Late Sh. Mohan Lal Oberoi, who passed away intestate on 28.11.2004 at Delhi, leaving behind his legal heirs, that is, his wife Smt. Pushpa Rani, the plaintiff, the defendant nos.1 to 3, and the defendant nos.4 to 6 (who in turn are the legal heirs of Smt. Veena Grover, the deceased daughter of Late Sh. Mohan Lal Oberoi and Smt. Pushpa Rani). Smt. Pushpa Rani also passed away intestate on 19.10.2014 at Delhi.

3. The plaintiff asserts that the said property was purchased by Late Sh. Mohan Lal Oberoi by way of registered Sale Deed dated 20.08.1957. The construction over the said property was also done by Late Sh. Mohan Lal Oberoi. In view of the above, the plaintiff claimed 1/5th share in the suit property.

4. In the written statement filed by the defendant no.1, the defendant no.1 has set up a case that Mr.Malik Shah, the grandfather of the pla

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