Neutral Citation Number: 2023:DHC:2040

EX.P. 50/2021

Page 1 of 20

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Order reserved on: 20 March 2023

Order pronounced on: 23 March 2023

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EX.P. 50/2021

SMT SAVITA SARDANA

..... Decree Holder

Through:

Mr. D. Verma, Adv.

versus

SMT. SATISH PAUL & ORS.

..... Judgement Debtors

Through:

Mr. Arvind Chaudhary, Adv.

for J.D. Nos. 1 & 3.

Ms. Neha Sharma, Adv. for

J.D. Nos. 2 to 4

Mr. Ashim Vachher, Mr. P.

Piyush and Mr. Kunal Lakra,

Advs. for Objectors.

CORAM:

HON'BLE MR. JUSTICE YASHWANT VARMA

O R D E R

EX.APPL.(OS) 390/2022(Objection)

1.

By means of the instant order, the Court proceeds to decide the

instant objections which have been preferred purporting to be

referable to Rules 90 and 97 of Order XXI of the Code of Civil

Procedure, 1908¹.

2.

The present execution proceedings have been instituted in

respect of a final decree of partition dated 05 November 2019.

Undisputedly, the aforesaid judgement and decree has attained finality

1 Code

Digitally Signed

By:NEHA

Signing Date:23.03.2023

17:23:50

Signature Not Verified

Neutral Citation Number: 2023:DHC:2040

EX.P. 50/2021

Page 2 of 20

since parties to the aforesaid proceedings have neither questioned nor

assailed the aforesaid decree.

3.

As per the disclosures made in the objections, it is the case of

the Objector that the property bearing number R-496, New Rajinder

Nagar, New Delhi² was originally applied for being allotted in the

name of late Shri Ram Bheja Mal as a displaced person in lieu of

properties left behind by him and his family members in Pakistan after

partition. It is the case of the Objector that the application itself was

made by the late Shri Ram Bheja Mal for the benefit of himself as

well as his family members. The objections further disclose that the

late Shri Ram Bheja Mal expired prior to the allotment of the said

property in his name. He is stated to be survived by three sons namely

late Shri Prakash Chandra Khetarpal, late Shri Jagdish Chander Paul

and late Shri Ramesh Chander Paul. Thethree surviving sons, it is

asserted, jointly contributed funds to acquire the said Rajinder Nagar

property. It may be noted at this stage itself that the Objectors are the

son and daughter of the late Shri Ramesh Chander Paul. However and

undisputedly, the perpetual lease deed in respect of the said property

came to be executed and made in favour of the Late Shri Jagdish

Chander Paul.

4.

The Objectors further aver that after allotment, money was

contributed by all three brothers for the purposes of construction of

the property which stands in place over the allotted plot. It is further

averred that the late Shri Ramesh Chander Paul was in joint

2 suit property

Digitally Signed

By:NEHA

Signing Date:23.03.2023

17:23:50

Signature Not Verified

Neutral Citation Number: 2023:DHC:2040

EX.P. 50/2021

Page 3 of 20

possession with the other two brothers, namely, the late Shri Prakash

Chander Khetarpal and late Shri Jagdish Chander Paul.

5.

It is further averred that the late Shri Ramesh Chander Paul who

was serving as an officer in the Ministry of External Affairs of the

Union Government used to be posted out of India. However,

according to the Objectors, he always retained possession of the first

floor of the suit property. It is also asserted that the late Shri Ramesh

Chander Paul right from the time when the property was originally

constructed in 1962 held himself out to be the exclusive owner of the

first floor of the suit property. It is further disclosed that upon retiring

from service on 30 November 1981, the late Shri Ramesh Chander

Paul along with his wife, the late Smt. Sudharshan Paul and the

Objectors shifted into the first floor of the suit property on 05 October

1981 and continued to occupy the same without interruption and the

late Shri R