In Brief
Two brothers, Sajan Sethi and Rajan Sethi, jointly inherited a three-story property in New Friends Colony, New Delhi, pursuant to their mother's will. The will allocated the ground floor to one brother, the first floor to the other, and the second floor equally between them. The plaintiff-brother filed a partition suit for the second floor and terrace. The defendant-brother disputed common areas like the driveway. The Supreme Court upheld the lower courts' decisions, holding that the defendant could not claim equal rights over common areas when he had raised the dispute himself through pleadings, and that the High Court correctly granted him only limited easementary rights for pipes and pumps while denying access to the driveway, which the plaintiff could use via a side entrance.
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