MOHAN SINGH Vs. UDAI PAL

JUDGEMENT

(1.) This appeal has been preferred against the order dated 16.12.2008 passed by the Additional District Judge, Delhi in a suit for partition and permanent injunction bearing Suit No.503/2008 titled Shri Udai Pal vs. Shri Mohan Singh and Ors. as well as against the order dated 06.10.2009 dismissing the review application filed by the appellant under Order 47 Rule 1 read with Section 114 CPC for review of the order dated 16.12.2008.

(2.) This appeal was admitted on 7th January, 2010 and with the consent of the parties taken up for final hearing.

(3.) The facts leading to the filing of the appeal are that the respondent No.1 herein had filed a suit for partition and permanent injunction in respect of a property bearing No.96, Hauz Rani, Malviya Nagar, New Delhi against the appellant and other legal heirs of one Shri Ram Chander. The respondent No.1 alleged in the plaint that the suit property was ancestral property and Shri Ram Chander (who was the father of the appellant and the respondents No.1 and 2, and the husband of the respondent No.3) was the owner of the suit property. Shri Ram Chander died on 30th December, 2000 intestate and left behind five sons who were entitled to equal shares in the said property, all being the legal heirs of late Shri Ram Chander. It was further alleged in the plaint that all the legal heirs of late Shri Ram Chander in the year 2004-05 had decided to give the suit property to the appellant Shri Mohan Singh and Shri Uttam Kumar (the respondent No.6 herein), who would be the owners of the suit property in equal shares. It was also alleged that the appellant and the aforesaid Shri Uttam Kumar were put in exclusive possession of the suit property, but the appellant started demolishing the pillars of the building to construct a new building. This led to the filing of the suit alleging that the appellant had no right, title or interest in the suit property and had only 1/9th share in the suit property and thus could not raise construction thereon.