SUBHASH CHOUDHARY Vs. NAHAR SINGH

JUDGEMENT

(1.) By this order, I would be disposing of I.A. 10759/91, moved by the plaintiffs under Order 39 Rules 1 & 2 read with Section 151 of the Code of Civil Procedure, 1908. Plaintiffs have filed this suit for partition. By the present application, they are seeking a restraint on the defendants 1,2 and 11 to 14 from disposing of, transferring, selling, alienating or parting with possession in any manner property, ad-measuring 1700sq. yards, falling in Khasra Nos. 175,176,177 and 178, Sudhora Kalan, Delhi, bearing municipal No. 1523 AB to 1528 AB, Shastri Nagar, New Delhi, during the pendency of the suit.

(2.) For a proper appreciation of the dispute involved in this suit for partition, it would be necessary to notice the family lineage. Nainsukh Dass had three sons, Chaman Singh, Manohar Lal and Prabhu Singh. The joint property had devolved upon Chaman Singh and Prabhu Singh while Manohar Lal had separated out. The present dispute is between the descendants of Chaman Singh, who are plaintiff Nos. 1 to 3 and Defendants Nos. 3 to 4 and 6 to 10. While descendants of Prabhu Singh are defendant Nos. 1 to 2 and 11 to 14..

(3.) Plaintiffs claim that Chaman Singh and late Prabhu Singh, both sons of late Shri Nain Sukh Dass, were the owners of land ad-measuring 2700 sq. yards, falling in Khasra nos. 175, 176, 177 and 178, Sudora Kalan, Delhi. Presently, the said property is said to be bearing municipal nos. 1523 AB to 1528 AB, Shastri Nagar, New Delhi. Plaintiffs, who are descendants of Shri Chaman Singh, admit that late S/ Shri Chaman Singh and Prabhu Singh had, out of the land jointly owned by them, viz. 2700 sq. yards, sold about 01 bigha, i.e. approximately 1008 sq. yards of land, to defendants 1 & 2 by a registered sale deed dated 21/1/1966. Defendants 1 & 2 happen to be no other than the son and daughter of Prabhu Singh, viz. Nahar Singh and Vidhya Rani.