RFA (OS) No.41/2011 Page 1 of 15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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RFA (OS) No.41/2011

KIRPAL KAUR

..... Appellant

Represented by:

Ms.Kamlesh Mahajan, Advocate

versus

RAM SINGH & ORS.

..... Respondents

Represented by:

Ms.Rakhi Ray, Mr.S.S.Ray and

Mr.Vaibhav Gulia, Advocates

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

HON'BLE MR. JUSTICE MANMOHAN SINGH

MANMOHAN SINGH, J.

1.

Appellant Mrs.Kirpal Kaur has filed the present Regular First Appeal

under Section 96 of the Code of Civil Procedure read with Section 10 of

Delhi High Court Act against the judgment and decree dated 21^st January,

2011 passed by the learned Single Judge of this Court in CS(OS) No.

2172/2003. The appellant who was the plaintiff had filed a suit seeking a

decree for declaration and partition of the following properties:-

a)Agricultural land at Village Jahgirpur and at Village Patial.

b)Property bearing No.45, Sant Nagar, East of Kailash, New

Delhi.

c)Property situated at Kothi No.56, Giani Zail Singh Nagar,

Ropar.

2.

She had also sought a share in the rent received from property No.45

Sant Nagar, East of Kailash, New Delhi and in the income generated from

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RFA (OS) No.41/2011 Page 2 of 15

the agricultural land at village Jahgirpur and village Patial.

3.

The appellant is the daughter-in-law of respondent No.1 being the

widow of his late son Ripudaman Singh. The respondent No.2 is other son

of respondent No.1 and respondents No.3 and 4 are his daughters. The

pedigree tree of the family is as under:

Ram Singh (R-1)

Ripudaman Singh Col.J.P. Singh

Satwant Kaur Rajinder Kaur

(deceased son)

(son/R-2)

(Daughter/R-3) (Daughter/R-4)

4.

The case of the appellant was that the respondent No.1 had two

brothers named Prem Singh and Dayal Singh and one sister named Smt.Har

Kaur. On the death of Dayal Singh his share in the ancestral property i.e. the

agricultural lands is being used by his legal heirs, whereas the sister Har

Kaur had relinquished her share in favour of the legal heirs of Dayal Singh.

The remaining agricultural land is alleged to be jointly owned by respondent

No.1 Ram Singh and his brother Prem Singh. In the year 1954, respondent

No.1, out of the funds received from the agricultural land, purchased the plot

bearing No.45, Sant Nagar, East of Kailash, New Delhi, on which he

constructed two rooms and kitchen, bathroom etc. in the year 1957-1958. In

the years 1980-1982, second phase of the property was constructed using

money sent by the husband of the appellant who was working in Kuwait

since the year 1978-1979 used to send money regularly to his parents. The

first floor of the property was occupied by respondents No.1 and 2, whereas

second floor was occupied by the appellant and basement and the ground

floor were let out to the tenants from whom the rent is being received by

respondent No.1. Appellant pleaded that the respondent No.1 had purchased

the plot of land in Saini Farms in the name of the husband of the appellant.

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RFA (OS) No.41/2011 Page 3 of 15

The plot was sold by the respondent No.1 who gave only `1,82,000/- to her

husband while the balance amount was distributed amongst respondents

No.1 to 4 and the wife of respondent No.2.

5.

The case of the respondent No.1 was that the property at Sant Nagar

was his self-acquired property and that husband of the appellant had

separated from him. Admitting that respondent No.1 has purchased a plot at

Saini Enclave in the name of the husband of the appellant, it was pleaded

that husband of the appellant sold the plot and appropriated `6