TMI Blog2019 (9) TMI 1319X X X X Extracts X X X X X X X X Extracts X X X X ..... 9,428 and 429, Gamri Road, Jai Prakash Nagar, Ghonda, Delhi, is made out. The suit for partition of all the other properties save property No. H-75/14, Khasra No.419,428 and 429, Gamri Road, Jai Prakash Nagar, Ghonda, Delhi is dismissed. As far as property No. H-75/14, Khasra No.419,428 and 429, Gamri Road, Jai Prakash Nagar, Ghonda, Delhi is concerned, there is no dispute that the same belonged to the mother of the parties and on her demise, all her heirs would have a share therein. Accordingly, a preliminary decree for partition of property No. H-75/14, Khasra No.419,428 and 429, Gamri Road, Jai Prakash Nagar, Ghonda, Delhi is passed, declaring (i) the plaintiff Anil Kumar, defendant no.1 Devender Kumar, defendant no.11 Rajend ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... immovable property. The stamp duty / court fees for drawing up of the final decree for partition be borne by the parties in proportion to their shares under the preliminary decree for partition. - CS(OS) 350/2018 & IA No.9403/2019 - - - Dated:- 2-9-2019 - Mr. Rajiv Sahai Endlaw, J. Mr. K.K. Sharma, Adv. For The Plaintiff. Mr. Ajay Kumar, Adv. for The Defendants. 1.The counsel for the defendants no.1 and 2 states that the costs imposed vide order dated 10th July, 2019 have been paid and has furnished the receipt of the same to the Court Master. 2. The plaintiff has instituted this suit against as many as 13 defendants, for partition of properties bearing Nos.(a) H-75/14, Khasra No.419,428 and 429, Gamri Road, Jai Pra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etime of purchase of the said property, the parents of the plaintiff started residing in the property along with their family members including the plaintiff who still continues to reside in the property; (vii) in the year 1978, the father of the plaintiff started a family business, by opening a grocery store at the front portion of the said property, while continuing to reside with his family in the rear portion of the property; (viii) slowly the grocery store was converted into a wholesale grocery store and was running successfully; (ix) the plaintiff and the other family members used to work in the said grocery store and the livelihood of all the family members was dependent on the earnings of the said grocery store; (x) the deceased Gya ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. 9. The plaintiff, in the plaint itself having admitted the other four properties, besides property No. H-75/14, Khasra No.419,428 and 429, Gamri Road, Jai Prakash Nagar, Ghonda, Delhi, to have been acquired in the name of defendant no.1 and / or 2, I have enquired from the counsel for the plaintiff, the need to frame an issue on the plea of the plaintiff of the said properties having been purchased by the father of the plaintiff in the name of defendant no.1 and / or 2 from the earnings of the said grocery store. It has been enquired from the counsel for the plaintiff, whether not such a claim is barred by the Prohibition of Benami Property Transactions Act, 1988. 10. It has further been enquired from the counsel for the plaintiff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... own from the joint family business. 13. I have enquired from the counsel for the plaintiff, the constitution of the business of the grocery store i.e. whether it was a proprietary or a partnership. 14. The counsel for the plaintiff states that there was no such constitution. 15. I have further enquired, in whose name the said grocery store was registered with the Office of Shop and Establishment and / or in whose name the sale was assessed for the purpose of Sales Tax / Value Added Tax (VAT). 16. No answers are forthcoming and there is no plea in the plaint. 17. The plaintiff has also not filed any document to show the business to be of joint family. 18. I have enquired from the counsel for the plaintiff, the vocation of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nth undivided share therein; and, (iii) the defendants no.5 to 10 together to be having the remaining one- seventh share therein. 26. Preliminary decree for partition be drawn up. 27. Both counsels agree that the property No. H-75/14, Khasra No.419,428 and 429, Gamri Road, Jai Prakash Nagar, Ghonda, Delhi is not divisible by metes and bounds. 28. On enquiry, it is stated that the property is in joint possession of the parties and there is no outsider in occupation of any portion of the property. 29. In view of the submission that the property is impartible by metes and bounds, a final decree for partition of property No. H-75/14, Khasra No.419,428 and 429, Gamri Road, Jai Prakash Nagar, Ghonda, Delhi is also passed, of sale ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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