CS(OS) No.350/2012 Page 1 of 19

*IN THE HIGH COURT OF DELHI AT NEW DELHI

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Date of decision: 26^th March, 2014.

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CS(OS) No.350/2012

SANGEETA BHAMBANI

..... Plaintiff

Through:

Mr. Uttam Datt, Mr. Nawab Singh

Jaglan & Mr. Shubham Aggarwal,

Advs.

Versus

JATINDER SARDANA & ORS.

..... Defendants

Through:

Mr. Praveen Chauhan, Mr. Vijay

Kumar & Mr. Kailash Chand, Advs.

for D-1.

Mr. P. Choudhary & Mr. P.C.

Dhingra, Advs. for Applicant in IA

No.538/2014.

CORAM :-

HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW

RAJIV SAHAI ENDLAW, J

1. The plaintiff has instituted this suit for partition of property

constructed on plot No.94, Block-51, Panchsheel Co-operative Housing

Society, Panchsheel Park, New Delhi, pleading:-

(i)

that the mother of the plaintiff and the defendant no.5 Shri

Sandeep Bhambani was the daughter of late Shri Chiranjiv Lal

Sardana and Smt. Leelawati Sardana;

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CS(OS) No.350/2012 Page 2 of 19

(ii)

Shri Shri Chiranjiv Lal Sardana was the only son of Shri Uttam

Sardana who was a resident of Pakistan; Shri Uttam Sardana

was a doctor by profession and owned vast ancestral

agricultural lands, shops and houses in Pakistan;

(iii)

that upon the demise of Shri Uttam Sardana all his aforesaid

properties were inherited by Shri Chiranjiv Lal Sardana as his

only legal heir.

(iv)

that Shri Chiranjiv Lal Sardana though an Advocate by

profession, only managed the aforesaid properties;

(v)

upon partition in the year 1947, Shri Chiranjiv Lal Sardana

migrated to Gwalior leaving behind the properties aforesaid in

Pakistan;

(vi)

that in lieu of properties left in Pakistan, Shri Chiranjiv Lal

Sardana was allotted agricultural lands in Hisar, Haryana;

(vii) that Shri Chiranjiv Lal Sardana was working with the

Rehabilitation Department, Govt. of India for a brief time and

his wife Smt. Leelawati Sardana was employed with the Home

Department, Government of India;

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CS(OS) No.350/2012 Page 3 of 19

(viii) Shri Chiranjiv Lal Sardana, from the joint family funds, in or

about the year 1959 purchased a house in Karol Bagh;

(ix)

that in or about the year 1961-62 Shri Chiranjiv Lal Sardana

applied for plot of land in Panchsheel Co-operative Housing

Society in the name of his younger son Shri Surender Sardana;

(x)

that Shri Chiranjiv Lal Sardana died on 30^th October, 1963;

(xi)

that Shri Surender Sardana sold the lands in Hisar for the family

needs, including for payment of installments of the plot

aforesaid in Panchsheel Park;

(xii) that a perpetual Sub Lease of the plot aforesaid in Panchsheel

Park was executed in favour of Shri Surender Sardana on 13^th

April, 1969;

(xiii) Shri Surender Sardana in or about the year 1985 sold the Karol

Bagh house and invested the sale proceeds thereof in raising the

construction over the plot in Panchsheel Park;

(xiv) that Shri Surender Sardana started living alone in the

Panchsheel Park house in the year 1999;

(xv) that sale proceeds of the jewelry of Smt. Leelawati Sardana

were also used in construction of the house at Panchsheel Park;

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(xvi) that Shri Chiranjiv Lal Sardana and Smt. Leelawati Sardana,

besides the mother of the plaintiff and the defendant no.5 and

Shri Surender Sardana aforesaid, also had another son namely

Shri Jatinder Sardana (defendant no.1 herein) and three other

daughters namely Smt. Sushma Dewan (defendant no.2), Smt.

Sushila Arora (defendant no.3) and Smt. Pushpa Mediratta

(def