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IN THE HIGH COURT OF DELHI AT NEW DELHI BEFORE HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV + CS(OS) 589/2014 KANWAR SURJEET SINGH S/O LATE GURBUX SINGH AT PRESENT F-62, GREEN PARK, NEW DELHI.

...PLAINTIFF NO.1 W G CDR AMOLAK SINGH ( RETD)

S/O LATE GURBUX SINGH RJO 152, CARRIAPPA MARG SAINIK FARMS, NEW DELHI-110062.

...PLAINTIFF NO.2 (Through: Mr. Harish Malhotra, Sr. Adv. with Mr. Rajender Agarwal and Mr. Anoop Kumar, Advs.)

Versus DALJIT SINGH PAL S/O LATE GURBUX SINGH

150, CARRIAPPA MARG SAINIK FARMS NEW DELHI-110062. …..DEFENDANT NO. 1 ALSO AT:

D-9, GREEN PARK NEW DELHI-110016.

SATINDERJIT SINGH (DECEASED)

S/O LATE GURBUX SINGH Signature Not Verified Signature Not Verified Signed By:AMIT KUMAR Signed F-62, GREEN PARK, NEW DELHI-110016. …..DEFENDANT NO.2 LRS OF DEFENDANT NO.2 MRS. AMRIT SINGH W/O LATE SH. SATINDERJIT SINGH R /O 23 LEKEGATE DRIVE, STONEYCREEK, ONTARIO L8E3T7 CANADA.

…..DEFENDANT NO.2(a) MR. ROBINDER SINGH S/O LATE SH. SATINDERJIT SINGH R/O 23 LEKEGATE DRIVE, STONEYCREEK, ONTARIO L8E3T7 CANADA.

DEFENDANT NO.2(b)

MS. REEMA SINGH D/O LATE SH. SATINDERJIT SINGH R / O 5293 DE L'ESPLANADE, MONTREAL, QUEBEC, H2T2Z6 CANADA.

…..DEFENDANT NO.2(c)

SHRI CHARANJIT SINGH S/O LATE SHRI BALBIR SINGH RESIDENT OF USA, THROUGH HIS POWER OF ATTORNEY SHRI SATINDERJIT SINGH.

F-62, GREEN PARK, NEW DELHI.

…..DEFENDANT NO.3 MS. HARJEET KAUR D/ O LATE SHRI BALBIR SINGH RESIDENT OF USA, THROUGH HER ATTORNEY SH SATINDERJIT SINGH F-62, GREEN PARK NEW DELHI.

…..DEFENDANT NO.4 Signature Not Verified Signature Not Verified Signed By:AMIT KUMAR Signed (Through: Mr. Atul Nigam and Ms. Tanvi Nigam and Ms. Lubhashi Tanwar, Advs.)

------------------------------------------------------------------------------------ % Reserved on: 18.03.2025 Pronounced on: 06.05.2025 -----------------------------------------------------------------------------------

JUDGMENT

The present civil suit has been instituted by the plaintiffs, seeking a preliminary decree of partition with respect to property bearing no. F-62, Green Park, New Delhi-110016 [hereinafter referred to as the “suit property”]. The plaintiffs pray for a declaration of their respective shares in the suit property as follows:- plaintiff no. 1 as the owner of 1/5^th share, plaintiff no. 2 as the owner of 2/5^th share, defendant no.1 as the owner of 1/5^th share, and defendants nos. 2 to 4 collectively as owners of the remaining 1/5^th share in the suit property.

2. The genealogical relationship between the parties is that plaintiff nos. 1 and 2, along with defendant no. 1, are real brothers. Late Balbir Singh, who was also a brother to plaintiff nos. 1 and 2 and defendant no.1, is represented in this suit by his children. This includes original defendant no.2, Satinderjit Singh [now deceased, represented by his legal heirs], defendant no.3, Charanjit Singh, and defendant no.4, daughter of late Mr. Balbir Singh. Together, defendants nos. 2, 3, and 4 claim their share in the suit property as legal heirs of late Mr. Balbir Singh.

3. The facts of the instant case indicate that the estate of late Mr. Gurbux Signature Not Verified Signature Not Verified Signed By:AMIT KUMAR Signed Singh, who was the owner, and was in possession of the suit property, is the subject matter of the suit. Mr. Gurbux Singh passed away intestate on

16.06.1964, leaving behind five sons, three daughters, and his wife.

4. Subsequently, three daughters and the widow of Mr. Gurbux Singh executed a registered a Release deed dated 02.08.1966 [Exhibit P-2], thereby relinquishing their respective shares in favor of the five sons of late Mr.

Gurbux Singh.

6. In view of the same, the estate of Mr. Gurbux Singh devolved equally among his five sons:-

 Sh. Kanwar Surjeet Singh [Plaintiff no. 1].

 Wg Cdr Amolak Singh [Plaintiff no. 2].

 Sh. Daljit Singh Pal [defendant no.1].

 Sh. Balbir Singh [deceased] represented by Defendant Nos. 2, 3, and

4.

 Sh. Surinderpal Singh [deceased].

5. One of the legal heirs of Mr. Gurbux Singh, namely, Sh. Surinderpal Singh, during his l