The Hon’ble High Court of Delhi held that an unequitable partition of a property cannot take place when all co-owners have equal right in the property.
This was held by the Hon’ble High Court at Delhi in the matter Kulwant Singh v. Gurdeep Singh & Ors., RFA No. 331 of 2018 on 20th April, 2018.
A suit for partition for two properties admeasuring 93 sq. yards and 111.5 sq. yards, jointly purchased by two brother, i.e. respective father of Appellant and Respondents, was decreed by Trial Court in order dated 30.01.2018. The Appellants filed appeal under Section 96, CPC and submitted that an oral partition had taken place in the 1958-59 which gave 3/4th of the total property to the father of the Appellant whereas remainder of 1/4th portion of both properties vested with father of Respondents. The Appellant also contended that he was now owner of both properties by the virtue of adverse possession.
The Hon’ble High Court of Delhi held that in case of joint properties, one or more co-owners can stay in possession but mere possession will not prove existence of partition. It was held that the Trial Court was right in its observation that the said partition was inequitable in nature as two properties cannot be divided in a manner that was done by per the submission of Appellant, i.e. that father of Appellant received 75% of the two properties while father of Respondents received on 25% share when both had equal share in the properties. The appeal was dismissed.