RFA(OS) 18/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 13.09.2023

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RFA(OS) 18/2022 and CM Nos. 14049/2023 & 14050/2023

TARUN K. VOHRA

.....Appellant

versus

PRAVIR K. VOHRA & ORS.

..... Respondents

Advocates who appeared in this case:

For the Appellant

: Mr Ravi Gupta, Senior Advocate with Mr

Kapil Sankhla, Mr Akhilesh Aggarwal, Mr

Robin Baisoya, Ms Fagun Sharma, Ms

Muskaan Mehra, Ms Niharika Behl and Mr

Himansh Yadav, Advocates.

For the Respondents

: Mr Amit Bhagat with MsArzoo Raj,

Advocates.

CORAM

HON’BLE MR JUSTICE VIBHU BAKHRU

HON’BLE MR JUSTICE AMIT MAHAJAN

JUDGMENT

VIBHU BAKHRU, J

1.

The appellant has filed the present intra court appeal impugning

an order dated 04.04.2022 (hereafter ‘the impugned order’) passed

by the learned Single Judge in CS (OS) 508/2021 captioned Pravir K.

Digitally Signed

By:DUSHYANT

RAWAL

Signing Date:14.09.2023

Signature Not Verified

RFA(OS) 18/2022

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Vohra and Ors. v. Tarun K. Vohra. In terms of the impugned order,

the court had issued a preliminary decree declaring the appellant

(arrayed as defendant in the suit) and the respondents (the plaintiffs in

the suit) as owners of 1/4^th share each in respect of the property

bearing Municipal No.D-7/7, Vasant Vihar, New Delhi comprising of

part of the basement and the ground floor (left hand side)built on land

admeasuring 780 square yards and the undivided interest in the land

underneath (hereafter ‘the Suit Property’).

2.

The respondents (plaintiffs) had instituted the afore-mentioned

suit, CS(OS) 508/2021, seeking a decree of declaration, that each of

the parties own 1/4^th undivided share in the Suit Property and that its

partition be done by metes and bounds. They also sought a decree for

mesne profit/ damagesat the rate of ₹1,75,000/- per month from

October 2020 till the physical partition of the Suit Property along with

interest at the rate of 12% per annum, against the appellant

(defendant).

3.

Admittedly, the Suit Property belonged to the father of the

appellant and the respondents herein, Late Sh. B.B. Vohra, who was a

member of the Government Servant Co-operative House Building

Society Ltd. (hereafter ‘the CBHS Ltd.). He along with one Sh.R.S.

Gupta, Sh. K.L. Arora and Sh. R.N. Bansal was allotted 1/4^th

undivided share in the plot bearing No.D-7/7 in Government Servant

CBHS Ltd., Vasant Vihar, New Delhi admeasuring 780 square yards.

Undisputedly, the 1/4^th undivided share of Sh. B.B. Vohra (the father

of the parties) in the said plot, was transferred jointly to him and his

Digitally Signed

By:DUSHYANT

RAWAL

Signing Date:14.09.2023

Signature Not Verified

RFA(OS) 18/2022

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wife, Smt. Primla Vohra (since deceased), by a letter dated

08.02.1991, issued by the Delhi Development Authority to the

Secretary, Government Servants CHBS Ltd., Vasant Vihar, New

Delhi.

4.

The president of India executed a perpetual lease deed dated

12.02.1991 in favour Sh. B.B. Vohra and Smt. Primla Vohra (parents

of the parties) along with the other co-owners in respect of the plot of

land described as Plot No.7, Street No.D-7 in the lay out plan of

Vasant Vihar (Site B) of the Government Servants CHBS Ltd.

5.

Thereafter, the abovementioned co-owners applied for a

sanction to build a residential house on the subject plot of land. The

Municipal Corporation of Delhi approved the building plans by a

sanction letter dated 14.05.1991.

6.

Thereafter, the residential building was constructed on the

subject plot of land. Admittedly, Sh. B.B. Vohra and Smt. Primla

Vohra moved into the said residential building in the year 1993 and

occupied the Suit Property – a part of the basement and the ground

floor (left hand side) more particularly described in the site plan as

annexed with the suit.

7.

Sh. B.B. Vohra expired intestate on 08.09.1997. Hi