Delhi High Court Clarifies Shares in Property Partition, Appoints Local Commissioner for Equitable Distribution
In a significant development in the ongoing property partition matter, the Delhi High Court has clarified the earlier judgment, ensuring a fair division of property between the involved parties. The Court, presided over by the Hon’ble Mr. Justice Anup Jairam Bhambhani, has ordered the appointment of a Local Commissioner to facilitate an equitable partition.
Legal Point of Judgement:
The court addressed the application for clarification and consequential action following its judgment dated January 10, 2024, in the property partition case involving property at C-316, Defence Colony, New Delhi. The application was centered around Section 151, 152, Order 47, Order 20 Rule 18, Order 26 Rule 13 & 14 of the Code of Civil Procedure 1908 (CPC).
Facts and Issues:
The appellant, Santosh Bhasin, sought clarification of the High Court’s judgment, which had set aside the earlier judgment and decree by the Additional District Judge in CS No. 382/09/95. The key issues were the appointment of a Local Commissioner for the division of the property, and the determination of the parties’ shares.
Court Assessment:
The Court emphasized the difference between judicial function in determining shares in a partition suit and the ministerial act of dividing property. It was highlighted that a final decree following a preliminary decree is necessary for effective partition. The Court also addressed the maintainability of the application under Section 151 CPC, stating that procedural misnomenclature should not obstruct justice.
Decision:The Court allowed the application under Section 151 CPC, restoring the appeal (RFA No. 830/2010) for further consideration. It directed the appointment of a Local Commissioner to oversee the partition, with assistance from an experienced architect, to ensure equal distribution of the property.
Date of Decision: March 11, 2024
Santosh Bhasin vs. Umari Malhotra Decd Thr LRS
