The court can pass a decree without trial when there are no disputed questions of fact and the lis can be decided on the undisputed facts.

JUDGMENT

Sachin Datta, J. (Oral)

CS(OS) 116/2019 and IA No.12270/2023(for framing of issues)

1. Learned counsel for the plaintiff has relied upon the order dated 26.04.2019, wherein it was inter-alia recorded by this court as under:

"Broadly there is agreement that the Plaintiff owns two-third share in the suit property and Defendant No.1 owns one third share in the suit property."

2. Again, vide order dated 30.08.2019, it was inter-alia observed by this court as under:

"The shares of the parties have already been determined in the order dated 26.04.2019 in the ratio of 2/3: 1/3 for the plaintiff and the defendant No. 1 respectively."

3. During the pendency of the present suit, the original defendant no.1/ Smt. Renu Trehan passed away on 19.01.2020; she was survived by two legal heirs, Mr. Dinesh Trehan (husband) and Ms. Suruchi Trehan (daughter). Vide order dated 08.01.2021, only the husband of Smt. Renu Trehan i.e. Sh. Dinesh Trehan was impleaded in the suit, in view of registered relinquishment deeds executed by Ms. Suruchi Trehan, whereby she had relinquished her rights in the suit property in favour of her father Sh. Dinesh Trehan. Thereafter, Sh. Dinesh Trehan also passed away on 02.06.2022. Vide order dated 18.10.2022, Ms. Suruchi Trehan, who is the only surviving legal representative of Sh. Dinesh Trehan, was impleaded in the suit.

4. Learned counsel for the plaintiff contends that the undivided share of the parties in the suit property is not in dispute and requests that a preliminary decree of partition be passed declaring the respective shares of the parties. To substantiate his contention as regards the respective undivided share of the parties, reliance is sought to be placed on the relinquishment deed dated 24.02.2020, executed by Ms. Suruchi Trehan i.e. daughter of the late Renu Trehan/ original defendant no. 1 in favour of Sh. Dinesh Trehan, in which it has been expressly recorded as under:

"WHEREAS Smt. Renu Trehan W/o Shri Dinesh Trehan, R/o C-120, New Rajinder Nagar, New Delhi-110060, was the absolute owner of 1/3rd undivided share in the Ground Floor of the Property bearing Municipal No.1767, Gali No.54, situated at Naiwala, Karol Bagh, New Delhi- 110005, measuring about 81 sq. Yds. (total) and which is bounded as under:

EAST: MAIN ROAD (HARDHIAN SINGH ROAD)

WEST: PORTIION OF THE SAID PROPERTY ALREADY SOLD

NORTH: PROPERTY NO.1766

SOUTH: GALI NO. 54

By virtue of the Sale Deed dated 29-07-2011, registered as document No.7268, in Book No.1, Volume No.14291, on pages 155 to 165, on 01- 08-2011, in the office of the Sub-Registrar, Sub-Distt. III, Asaf Ali Road, New Delhi.

AND WHEREAS said Smt. Renu Trehan died on 19-01-2020 leaving behind the following, the Releasor & the Releasee, as her only legal heirs in respect of her said share in the said portion in the said property:

AND WHEREAS the Releasor has agreed to release, relinquish, disclaim and give up all her rights, titles and interests in respect of her 1/2 undivided share in the said share in the said portion in the said property in favour of the Releasee absolutely and forever and without any monetary consideration

NOW THIS RELINQUISHMENT DEED WITNESSETH AS UNDER:

1. That the Releasor doth hereby release, relinquish, disclaim and give up all her rights, titles and interests in respect of her 1/2 undivided share in the said share in the said portion in the said property in favour of the Releasee absolutely and forever and without any monetary consideration.

2. That the Releasor assures the Releasee that her said share in the said share in the said portion in the said property hereby released is free from all kinds of encumbrances such as sale, gift, mortgage etc.

3. That the Releasor now admits that she has been left with no right, title and interest in respect of her share in the said share in the said portion in the said property and the Releasee has become the absolute owner