SURENDER Vs. ROSHANI

JUDGEMENT

(1.) By way of present petition filed under Article 227 of the Constitution of India, petitioner has challenged order dated 4.5.2010 passed by Civil Judge vide which application of petitioner under Order 39 Rule 1 & 2 of the Code of Civil Procedure (for short as ,,Code) was dismissed, as well as order dated 5.6.2010 passed by the Additional District Judge, Delhi vide which appeal filed by the petitioner against the order of Civil Judge was also dismissed with costs of Rs.10,000/-.

(2.) Brief facts of this case are that petitioner herein, filed a suit against his widow mother and three real brothers stating that Sh. Gur Sahab, petitioners grand- father was the owner of property in question. He has raised Kachcha construction over it. Later on, petitioner got constructed the house from his own funds, being the elder male member and was the only earning member.

(3.) It has been further alleged that during his life time father of the petitioner and respondents No.2 to 4, partitioned the suit property verbally. Ground floor of the same came into his share since he was residing on the ground floor.