NEUTRAL CITATION NO: 2023/DHC/001319

RFA(OS) 18/2021 Page 1 of 14

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 07^th December, 2022

Pronounced on: 24^th February, 2023

+

RFA(OS) 18/2021 & CM APPL. 36404/2021

SANJAY BHATIA

..... Appellant

Through:

Mr. Vikram Seth, Mr. Yuvraj Seth

& Ms. Vandana Seth, Advocates.

versus

RAJIVE BHATIA & ORS.

..... Respondents

Through:

Mr. Samrat Nigam, Mr. Sudarshan

Rajan

&

Mr.

Hitain

Bajaj,

Advocates for R-1.

Mr. S.K. Chaturvedi, Advocate for

R-2.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J

1.

Mr. Rajive Bhatia/respondent No. 1, (who is the plaintiff in the

main Suit), had filed suit bearing CS(OS) 600/2017 seeking Preliminary

and Final Decree of Partition in respect of the Property bearing No. 92,

measuring 200 sq. yards, Raja Garden, New Delhi-110027 (hereinafter

referred to as “suit property”).

2.

Shri Ved Prakash Bhatia, father of the parties to the Suit, was the

owner of the suit property having purchased the same vide Sale Deed

dated 21.07.1965. On his demise on 28.01.2007, the property devolved

Digitally Signed

By:SAHIL SHARMA

Signing Date:24.02.2023

11:32:45

Signature Not Verified

NEUTRAL CITATION NO: 2023/DHC/001319

RFA(OS) 18/2021 Page 2 of 14

upon his four legal heirs, namely, Mr. Sanjay Bhatia and Mr. Rajive

Bhatia, (the two sons), Smt. Shanta Bhatia (wife) and Ms. Anita Bhatia

(daughter) in equal share of 25% each, but the property was kept joint and

not partitioned out of deep respect and regard for the mother. The

mother/Smt. Shanta Bhatia, out of love and affection for Rajive Bhatia,

relinquished her 1/4^th share in the suit property in favour of Rajive Bhatia

vide Relinquishment Deed dated 11.12.2013 which was witnessed by

respondent No. 3/Anita Bhatia. Rajive Bhatia became the owner of 50%

share in the suit property while appellant and the respondent No. 3 each

became the owners of 25% share each in the suit property.

3.

The respondent no. 1, Mr. Rajive Bhatia asserted that he and

appellant were in occupation of different portions of the suit property and

certain disputes arose between them. Mr. Sanjay Bhatia/appellant, (who is

defendant No. 1 in the main Suit), filed a Suit bearing CS(OS) 2159/2015

seeking Mandatory and Permanent Injunction, wherein he admitted that

the suit property was a self-acquired property of Shri Ved Prakash Bhatia

and that the appellant and the respondents herein were the owner being the

legal heirs of Shri Ved Prakash Bhatia. It was also admitted that the suit

property had not been partitioned by metes and bounds between four legal

heirs.

4.

Since Smt. Shanta Devi had relinquished her 1/4^th share in favour

Mr. Rajive Bhatia, he became the owner of 50% share of the suit property,

while Mr. Sanjay Bhatia and Ms. Anita Bhatia became the owners of 1/4^th

share in the suit property.

5.

It was further asserted that Shri Ved Prakash Bhatia had left some

moveable properties, included bank accounts LIC Policies, FDRs, Shares

Digitally Signed

By:SAHIL SHARMA

Signing Date:24.02.2023

11:32:45

Signature Not Verified

NEUTRAL CITATION NO: 2023/DHC/001319

RFA(OS) 18/2021 Page 3 of 14

and Debentures, Locker, Jewellery of which the appellant, respondent no.

2/mother and respondent no. 3/sister were in control and they were liable

to render full account of the moveable assets from the date of demise of

Shri Ved Prakash Bhatia, i.e., 28.01.2007.

6.

Thus, the Suit for Partition bearing CS(OS) 600/2017 was filed by

respondent No. 1 claiming Preliminary and Final Dec