JUDGMENT

CS(OS) 3137/2011 & CS(OS) 2038/2011 The two suits shall be decided together as they pertain to the same property, and the Civil Suit bearing number CS(OS) 3137/2011 shall be considered as the lead suit.

2. Civil Suit bearing number CS(OS) 3137/2011 has been filed by the plaintiff Sunder Lal Jain against his two brothers/defendant nos.1 and 2 Prem Chand Jain and Late Sh. Harish Jain (through his legal heirs), for partition of their 1/3rd share in property bearing Plot No.11 situated at Sarai Julaina, Co-operative Housing Building Society Ltd. presently known as Sukhdev Vihar, New Delhi (hereinafter referred to as `the suit property').

3. Sh. Sunder Lal Jain has also filed Civil Suit bearing number CS(OS) 2038/2011 against all the legal heirs of their deceased father Late Shri Baru Mal Jain, for partition of his 1/4th undivided share in the suit property.

4. Facts in brief are that Late Shri Baru Mal Jain was the owner of the suit property by virtue of perpetual sub lease dated 31.10.1974. Shri Baru Mal Jain executed a registered Gift Deed dated 06.07.1984 by virtue of which 3/4th of the undivided share was gifted to the plaintiff and defendant nos. 1 & 2 namely Prem Chand