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SUBHASH MANCHANDA vs RAJ KUMAR MANCHANDA & ORS.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of decision: 29th February, 2024
+ CS(OS) 240/2019, I.A. 6519/2019, I.A. 14597/2019

SUBHASH MANCHANDA
….. Plaintiff
Through: Mr. Varun Goswami, Mr. Naveen Grover and Mr. Hritik Chaudhary, Advocates.
versus
RAJ KUMAR MANCHANDA & ORS.
….. Defendants
Through: Ms. Mansi Sharma, Ms. Saumy Dwivedi and Mr. Prabhat Kumar, Advocate for D-1.
Mr. Rishi Manchanda, Mr. Arun Kumar and Mr. Dipansh Verma, Advocates for D-2 & D-3.

CORAM:
HON’BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T (oral)
1. The present suit had been filed on behalf of the plaintiff seeking a decree of Partition, and Permanent Injunction in respect of the property bearing No.1-42, Lajpat Nagar, Part-III, New Delhi-110024, built on plot admeasuring 200 sq. yds. (approx 167.225 sq.mts) (hereinafter referred to as the “suit property”).
2. Briefly stated aforesaid property was allotted to Sh. Bulaqi Ram (Grand Father of the Plaintiff, the Defendant no.2 & 3, and Father of Defendant No. l) by L & DO by lease deed dated 18.08.1953. Sh. Bulaqi Ram expired on 02.08.1975 and was survived by 4 legal heirs namely:
i) Smt. Ram Rakhi (widow),
ii) Sh. Banarsi Lal Manchanda (Son),
iii) Sh. Raj Kumar Manchanda (Son) and
iv) Sh. Vinod Kumar Manchanda (Son).
3. It is asserted that Sh. Bulaqi Ram, grandfather of the plaintiff, executed a Will during his lifetime dated 13.06.1973 wherein Smt. Ram Rakhi, his widow had life estate/interest in the suit property. It was further stated in the Will that upon the demise of Smt. Ram Rakhi, grandmother of the plaintiff, the suit property would devolve in favour of her three sons in the following ratio:
(a) Sh. Banarsi Lal Manchanda – 50% undivided share (deceased father of the plaintiff)
(b) Sh. Raj Kumar Manchanda – 25% undivided Share (defendant No.1)
(c) Sh. Vinod Kumar Manchanda – 25% undivided share (deceased father of defendant Nos.2 and 3)
4. Smt. Ram Rakhi expired on 09.11.1994 and consequent to her demise the property devolved upon the three sons in the proportion as was mentioned in the Will.
5. Thereafter, the suit property was converted into free hold from lease hold by Banarsi Lal Manchanda, Raj Kumar Manchanda and Vinod Kumar Manchanda and Conveyance Deed dated 12.03.1998 was executed in their favour, by L & DO.
6. It is asserted that Sh. Banarsi Lal Manchanda, father of the plaintiff, expired on 31.08.2013 leaving behind his four children, namely:
(a) Sh. Subhash Manchanda (Son) – plaintiff herein
(b) Smt. Neelam Sabarwal (Daughter)- deceased
(c) Smt. Saroj Kohli (Daughter) -defendant No.4
(d) Smt. Renu Verma (Daughter)- defendant No.5
7. Shri Banarasi Lal had executed his last and final registered Will on 24.09.2009 according to which his legal heirs became the owners of his half undivided share of the suit property in equal shares.
8. Further, it is the claim of the plaintiff that his sisters namely Smt. Neelam Sabarwal, Smt. Saroj Kohli and Smt. Renu Verma relinquished their undivided share in the suit property in favour of their brother namely, Subhash Manchanda, by virtue of registered Relinquishment Deed, dated 25.02.2014. The plaintiff became the absolute owners of half undivided share of the suit property.
9. Sh. Vinod Kumar Manchanda, father of defendant Nos. 2 and 3 expired on 20.05.2016 leaving behind the following legal heirs in respect of his 1/4th undivided share in the suit property:
(a)Ms. Kavita Manchanda – defendant no.2 herein (Daughter)
(b)Sh.Vikas Manchanda – defendant no.3 herein (Son)
10. The family tree is as below for the purpose of convenience:

11. It is asserted that the Suit property is in joint possession of the parties and the Plaintiff is occupying ground floor portion of the suit property, the Defendant No. l is occupying half of First Floor (West side) along with half of the second floor (West Side) and also half of terrace (West side) of the suit property and the defendant no. 2 & 3 are occupying half of First floor (East side) of the suit property along with half of second floor (East side) and half of Terrace (East side) of the suit property. The roof and Verandas are common to all the parties.
12. The plaintiff has asserted that even though he is having half share in the suit property, he is just occupying Ground floor and had been requesting the Defendants to partition the suit property by metes and bounds since January 2019. He further asserted that the Defendant No. 1 has been attempting to create third party interest in the suit property.
13. Thus, the present Suit seeking Partition of the property has been filed by the plaintiff thereby claiming his 1/2 share in the suit property.
14. The defendant No. 1 in his Written Statement has asserted that the suit is liable to be dismissed under order 7 Rule 11 CPC as there is no cause of action in favour of the plaintiff for filing the present suit as framed in the plaint.
15. It is further submitted that the plaintiff deliberately concealed the Family Settlement Deed dated 06.05.1980 pursuant which the said suit property had already been divided amongst Late Sh. Banarsi Lal Manchanda (father of the plaintiff), Raj Kumar Manchanda (defendant No.1) and Late Sh. Vinod Kumar Manchanda (father of defendant Nos. 2 and 3) with proper demarcation of their respective portions and share in the suit property.
16. The defendant No. 1 admitted that he has entered into an Agreement to Sell with a purchaser for his portion but claimed the same was with the knowledge of the plaintiff and in fact it was a unanimous decision of all the family members including the plaintiff and the defendants, that the suit property is to be sold and the sale proceeds are to be shared amongst themselves.
17. Thus, it was submitted that the suit for Partition is liable to be dismissed.
18. Submissions heard.
19. As per the documents, the suit property was allotted to Sh. Bulaqi Ram (Grand Father of the Plaintiff, Defendant no.2 & 3, and Father of Defendant no. l) by L & DO by virtue of Lease Deed dated 18.08.1953 registered as Document no. 8, Additional Book No. l, Volume No. 11, on pages 12 to 13 on dated 18.01.1954 in the office of Sub Registrar, Delhi.
20. Sh. Bulaqi Ram, grandfather of the plaintiff executed a Will dated 13.06.1973 wherein his widow Smt. Ram Rakhi, had a life time estate/interest in the suit property. It was further stated in the Will that upon the demise of Smt. Ram Rakhi, grandmother of the plaintiff, the suit property would devolve in favour of her three sons in the following ratio:
(a) Sh. Banarsi Lal Manchanda – 50% undivided share (deceased father of the plaintiff)
(b) Sh. Raj Kumar Manchanda – 25% undivided Share (defendant No.1)
(c) Sh. Vinod Kumar Manchanda – 25% undivided share (deceased father of defendant Nos.2 and 3).
21. Smt. Ram Rakhi had life time estate/interest in the suit property and upon her demise on 09.11.1994, the suit property devolved upon Banarsi Lal Manchanda, Raj Kumar Manchanda and Vinod Kumar Manchanda in ratio 50:25:25 in terms of Will dated 14.06.1973 left by Sh. Bulaqi Ram and they became the joint owners of the suit property. They also got the suit property converted to a free hold and a Conveyance Deed dated 12.03.1998 executed in their favour by L & DO.
22. Sh. Banarsi Lal Manchanda expired on 31.08.2013 and as per his Will dated 24.09.2009 his four children acquired his 1/2 undivided share in the suit property in equal share. His beneficiaries are:
(a) Sh. Subhash Manchanda (Son) – plaintiff herein
(b) Smt. Neelam Sabarwal (Daughter) -deceased
(c) Smt. Saroj Kohli (Daughter) -defendant No.4
(d) Smt. Renu Verma (Daughter)- defendant No.5
23. Pertinently, the three daughters of deceased Banarsi Lal Manchanda, namely Smt. Neelam Sabarwal, Smt. Saroj Kohli and Smt. Renu Verma who are the sisters of the plaintiff, relinquished their undivided share in the suit property in his favour by virtue of registered Relinquishment Deed, dated 25.02.2014. It is noted that one sister namely, Smt. Neelam Sabarwal expired and her son Ankush Sabarwal is defendant No. 6 in the present proceedings, The other two sisters namely, Smt. Saroj Kohli and Smt. Renu Verma are also parties to the suit as defendant No.4 and defendant No.5, respectively. They have not disputed the execution of the Relinquishment Deed.
24. Sh. Vinod Kumar Manchanda, expired on 20.05.2016 leaving behind the following legal heirs in respect of his 1/4th undivided share in the suit property:
(a) Ms. Kavita Manchanda (Daughter) – Defendant no.2;
(b) Sh.Vikas Manchanda (Son) – Defendant no.3.
25. Defendant no.2 & 3 thus, jointly became the owners of 1/ 4 undivided share of the suit property.
26. All the parties have agreed that the plaintiff is entitled to 50% share and defendant No.1 and defendant No.2/3 are entitled to 25% share each in the sit property and have no objection if the Preliminary Decree is made accordingly.
Relief: –
27. It is, therefore, held that all the legal heirs of Late Sh. Bulaqi Ram shall be entitled to the shares as under:-
S. No
Name
Division of Share
1.
Mr. Subhash Manchanda
4/8
2.
Mr. Raj Kumar Manchanda
2/8
3.
Ms. Kavita Manchanda
1/8
4.
Mr. Vikas Manchanda
1/8

28. Preliminary Decree is passed accordingly.
29. List on 10.09.2024 for consideration of division of property by metes and bounds.

(NEENA BANSAL KRISHNA)
JUDGE
FEBRUARY 29, 2024
RS

CS(OS) 240/2019 Page 1 of 8