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2024 Supreme(Online)(DEL) 22696
HIGH COURT OF DELHI
Neena Bansal Krishna, J
ROHIT JAIN – Appellant
Versus
VIKAS JAIN – Respondent
CS(OS) 143/2019
DAVINDER GROVER
Joint ownership confirmed; property to be partitioned equally with provisions for mutual purchase before market sale.
Headnote:(A) Code of Civil Procedure, 1908 - Order VII Rule 6 - Suit for Partition and Permanent Injunction - Parties agreed to partition the property equally, confirming joint ownership as per the Conveyance Deed dated 04.06.1999 - Preliminary decree passed for equal shares in the Suit property. (Paras 1, 3, 8, 14)
(B) Final Decree - Defendant willing to sell his share to the plaintiff, with an option for mutual purchase before open market sale - Sale proceeds to be divided equally. (Paras 9, 12, 13)
Facts of the case:
The plaintiff and defendant are joint owners of the property located at 91, Veer Nagar Jain Colony, Delhi, as per the Conveyance Deed executed by DDA in 1999. The property consists of 300.80 sq. yards with three floors.
Findings of Court:
The court held that both parties are entitled to a 50 percent share in the Suit property and directed the sale of the property with equal division of proceeds.
Issues: The main issues addressed were the joint ownership of the property and the terms of partition.
Ratio Decidendi: The court affirmed the joint ownership based on the Conveyance Deed and established the procedure for selling the property and dividing the proceeds.
Result: Preliminary and Final Decree passed.
% 01.04.2024 CC 37/2019(under Order VII Rule 6 CPC)
1. Learned counsel appearing on behalf of the Defendant submits that there is “no objection” if the Suit property is partitioned equally amongst the plaintiff and the defendant.
2. The Defendant who is present in person also submits that this counter claim vide which he had claimed absolute ownership in the Suit property, be permitted to be withdrawn in view of the preliminary decree in the main Suit.
CS(OS) 143/2019
3. Suit for Partition, Permanent Injunction has been filed on behalf of the plaintiff in respect of the Suit property bearing No. 91, Veer Nagar Jain Colony, GT Karnal Road, Delhi-7.
4. According to the plaintiff, he and the Defendant are the registered owners as per the Conveyance Deed dated 04.06.1999 executed in their favour by the DDA in 1999.
5. The suit property is built on a plot of 300.80 sq. yards and consists of 3 floors on which the plaintiff and the defendant are residing with their families.
6. It is submitted that the property may be partitioned equally between the plaintiff and the defendant and a preliminary decree be passed accordingly.
7. The plaintiff through VC and the defendant appearing in person agree that they are the joint owners of the Suit property by virtue of the Conveyance Deed executed in their joint name by the DDA.
8. Considering that the property is jointly owned by the plaintiff and the defendant, it is hereby held that both are entitled to 50 percent share in the Suit property. The preliminary decree is passed accordingly.
9. Final Decree:
- The parties submit that the Defendant is willing to sell his 50 percent share in the Suit property to the plaintiff on payment of the market value.
10. It is further submitted that the Final Decree may be passed with the aforesaid terms.
11. Submissions heard.
12. It is directed that before the sale is made in the open market, the parties shall have an option of purchasing the share of the other party on mutually agreed sale consideration amount. In case, there is such offer by either of the parties within 4 months for the purchase of the share of the other party, then the property be sold in the market or through auction and the sale proceeds be shared equally in 50% ratio amongst the parties.
13. It is hereby directed that the property be sold and the sale proceeds be divided inter se the parties in the ratio of 50 percent each.
14. Final Decree is passed accordingly.
15. Decree sheet be drawn accordingly.
