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DELHI HIGH COURT
K.RAMAMOORTHY
Raj Kumari Srivastava – Appellant
Versus
Rajesh Kumar Srivastava – Respondent
K.Ramamoorthy, J.
1. I shall now take up suit No. 1369/95. Plaintiff Smt. Raj Kumari Srivastava is the mother of defendants 1 to 4. The fact that plaintiff is entitled to half share in the suit property is not disputed. As a matter of fact, a preliminary decree declaring the 50% share of the plaintiff in me suit property was passed on the 28th of August 1995.
2. A local commissioner was appointed to divide the property suggesting mode for division by metes and bounds.
3. In view of the fact mat the parties do not dispute the rights of the plaintiff in the suit property, I do not want to set out the facts in detail except a very few to appreciate the present situation.
4. Originally, me property belonged to Sh. Shyam Sunder Lal. He had three brothers, one of them had pre-deceased Sh. Shyam Sunder Lal. Sh.Shyam Sunder Lal died in 1938 and the estate went to the reversioners, his brother Sh. Rayu Lal and Sh. Shadi Lal.
5. By this process, Sh. Rajju Lal and Sh.Shadi Lal became owners, is a matter of admission. Sh. Rajju, Lal's wife Smt. Kela Devi died in 1963. Sh. Rajju Lal died on the 24th of March 1966. Therefore, his half, share devolved on the plaintiff Smt. Raj
The court's decision is based on the parties' intentions regarding the property and the feasibility of dividing the property.
Parties can mutually resolve property disputes through documented settlements, leading to a preliminary partition decree sanctioned by the court.
The first Appellate Court must address all issues and contentions raised by the parties and record findings supported by reasons on all issues and contentions.
The court upheld the partition and equitable distribution of property based on the Commissioner's report, emphasizing the importance of amicable resolution in family disputes.
The main legal point established in the judgment is that the partition of property should be fair and in accordance with the nature of the land and the respective possession of the parties. The court....
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