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DELHI HIGH COURT
HIMA KOHLI, ASHA MENON
Neeru Dhir – Appellant
Versus
Kamal Kishore Dhir – Respondent
| Table of Content |
|---|
| 1. appellants' claim to property shares (Para 1 , 2) |
| 2. respondents' grounds for rejection (Para 3 , 4) |
| 3. court's reasoning on the benami act (Para 5 , 6 , 8 , 9) |
| 4. court's duty on plaint review (Para 10 , 11 , 12 , 13) |
| 5. will of late shri r.p. dhir dictates property ownership (Para 15 , 17 , 19) |
| 6. clarification on benami act's retrospective application (Para 20 , 22) |
| 7. appeal successful; suit reinstated (Para 24 , 25 , 26) |
JUDGMENT
Hima Kohli, J. The appellants/plaintiffs have questioned the judgment dated 23.05.2019, passed by the learned Single Judge dismissing a suit for partition and permanent injunction instituted by them against the respondents/defendants claiming that they are collectively entitled to 1/10th undivided share in the residential premises bearing No.C-324, Vivek Vihar, Delhi.
2. The three appellants/plaintiffs are the successors-in-interest (widow and children) of late Shri Anil Kumar Dhir, brother of the respondents No.1 to 7 and the deceased respondents No.8 and 9. The factual averments made in the plaint have been neatly summarised in para 1 of the impugned judgment. For the sake of convenience, the said para is extracted below:
"1. The three
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