BALKISHAN YADAV Vs. RANBIR YADAV

JUDGEMENT

(1.) PLAINTIFF Balkishan Yadav and defendant no.1 Ranbir Yadav are real brothers; they are born of their deceased father Umrao Singh. They have two other brothers namely Dharam Pal and Randhir Singh, they are not parties to the present suit.

(2.) PROPERTY bearing no.55, Jwalaheri, PaschimVihar,New Delhi was owned by their deceased father Umrao Singh. He died intestate on 08.4.1996. The aforestated property, thus, devolved in equal shares upon all the four brothers including the plaintiff and the defendant no.1.

(3.) IN the year 1996, defendant no.1 was not faithful in discharging his obligations, plaintiff revoked the power of attorney. A family settlement was arrived at between the brothers. It was agreed that each of the four brothers would be entitled to 1/4th share of the rent payable by the defendant no.2 and intimation to the said effect dated 3.01.1997 was sent to defendant no.2. Defendant no.2 was requested by defendant no.1 to apportion the total rent in four shares and credit it in the account of the plaintiff to the extent of his 1/4th share. Similarly 1/4th share of the total rent payable was apportioned as share of defendant no.1 and the balance fell to the share of the other two brothers.