SMT. LEELA DHAMEJA Vs. SMT. BELA DHAMEJA

JUDGEMENT

(1.) HEARD Counsel for the parties.

(2.) IN this suit, the relief claimed is partition and mandatory injunction against the defendant.

(3.) THE plaintiff contends that the third son, Sh. Rajinder Kumar died on 27.02.1971 at the young age of 23 years. He was unmarried and was, therefore, issueless. Sh. Ishwar Das Dhameja's widow, Smt. Shanti Devi Dhameja also expired on 30.04.1986. In these circumstances, says the plaintiff, the two sons, i.e. Sh. Vinod Kumar and Sh. Vijay Kumar were the only heirs entitled to the suit property. It is submitted that Sh. Vijay Kumar joined the Indian Army and held a permanent commission. It is claimed further that the mutation could not be completed due to want of signatures of one of the legal heirs - Smt. Sneh Bains, one of the daughters of the late Sh. Ishwar Das Dhameja. The plaintiff states that Major Vijay Kumar died on 27.12.1995 and was survived by his widow, (i.e. the plaintiff in this case) and two sons. Sh. Vinod Kumar died on 31.01.2007 and was survived by his wife Smt. Bela Dhameja (the defendant in this case), two sons and a daughter.