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SACHIN DATTA
Om Dutt Sharma – Appellant
Versus
Renu Trehan – Respondent
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 awa
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.
The court established that unregistered documents affecting rights in immovable property are inadmissible in evidence, and that joint family properties are subject to partition among all rightful hei....
The main legal point established in the judgment is the applicability of Central Act 39/2005, which entitles daughters to equal shares in ancestral properties. The court's decision was influenced by ....
The court ruled that an oral partition was established and the plaintiff cannot claim partial partition without including all relevant properties, adhering to heirs' rights under Hindu law.
A relinquishment deed executed by a legal heir is valid, thereby allowing partition of self-acquired property among designated heirs.
A partition deed long acted upon by all parties through possession and alienation is binding and cannot be reopened by descendants, especially when the original parties to the partition accepted the ....
The main legal point established in the judgment is the application of the Hindu Succession Act, 1956 to determine the devolution of property amongst the legal heirs, and the rejection of the appella....
A suit for partial partition is impermissible if not all joint family properties are included, and admissions made by parties are binding.
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