MAHESH CHAND SHARMA Vs. RAJ KUMARI SHARMA

JUDGEMENT

(1.) - Third defendant is the appellant. He along with Defendants Nos. 4 and 5 is the alienee of the house property, which is the subject-matter of the these appeals. Second defendant is the brother of third defendant and father of Defendants Nos.4 and 5. Defendants Nos. 2, 4 and 5 are figuring as respondents in these appeals but are supporting the third defendant.

(2.) Plaintiff and defendants Nos. 6 to 8 are the daughters of later Ram Nath Dewan while the first defendant is the son of Ram Nath Dewan. First Defendant and second defendant have married sisters. First defendant was practically settled in U. S. A. along with his family. He appointed the second defendant as his General Power of Attorney. Acting as the General Power of Attorney of first defendant. the second defendant executed a sale deed in respect of No. 5. Doctor's Lane. New Delhi (the house property which is the subject-matter of the these appeals, which shall be referred to hereinafter as "Doctor's Lane") in favour of his brother (defendant No. 3) and sons (defendant Nos. 4 and 5).

(3.) The plaintiff, daughter of late Ram Nath is seeking to avoid the sale of the said house property in the present suit for partition and separate possession of her 1/5th share. The other daughters, defendants Nos. 6 to 8. are tacitly supporting the plaintiff, though they have remained ex parte. The first defendant too has remained ex parte. He did not even file a written statement. He died pending the suit. His legal representatives all of whom are residing in U. S. A. have also not chosen to appear in the suits/appeals. Thus. the contest has been between plaintiff on one side and defendants Nos. 2 to 5 on the other.