Smt. Deepa Singh vs Smt. Sharda Jootla and Others

Valmiki J Mehta, J.—The defendant No. 1 has filed the details of the lands at Kotli Muglam and Dumera. Accordingly, the following preliminary decree is passed whereby the plaintiff, defendant No. 1, defendant No. 2 and jointly the legal heirs of deceased defendant No. 3 each will have 1/4th share in the following properties:-

(i) W-72, Greater Kailash-I, New Delhi measuring 500 sq. yds.

(ii) Shop No. 8, Bajaj House, 97, Nehru Place, New Delhi.

(iii) Plot No. 13, Block-G, Sector-10, DLF Model Town, Faridabad (Haryana).

(iv) Bungalow known as JEETVILLA in middle Bakrota, Dalhousie, Himachal Pradesh.

(v) Property bearing No. 263, Laxmipura, Jullandar City, Punjab.

(vi) Share of Gurbax Singh Jootla in 430 Kanals and 30 Marla of land situated in Village Rogue, Peeka Barhi, Tehsil Dhar Kllan, Pathankot, Punjab, and

(vii) share of Shri Gurbax Singh in 32 Kanlas and 10 Marlas of land situated in Village Kotli Muglam, Tehsil and District Gurdaspur, Punjab.

A preliminary decree be drawn declaring that the plaintiff, defendant No. 1 and defendant No. 2 have 1/4th share each in the aforesaid properties and all the legal heirs of defendant No. 3 jointly will also have 1/4th share in the aforesaid property.

Counsel for the parties, at this stage, agree that the properties cannot be physically partitioned and therefore since properties have to be sold, a final decree of partition be drawn. It is agreed that parties will file, for preparing the final decree, requisite stamp papers in terms of Section 2(15) read with Article 45 of Indian Stamp Act, 1899 and will endeavour thereafter to jointly sell the properties without any assistance being required from the Court. However, if the parties fail to mutually sell the properties outside the Court, then the parties agree that they will be at liberty to file execution proceedings for sale of the aforesaid properties. Suit is accordingly disposed of by ordering that a preliminary decree and final decree be drawn up.