NARINDER KUMAR Vs. TILAK RAJ

JUDGEMENT

(1.) On 9/05/1997 following preliminary issues had been framed :-

(2.) The facts which lead to the above said controversy are that Narinder Kumar and Kamal Kumar have filed the present suit for partition alleging that they are sons of Pyare Lal who died on 13/08/1977. He left behind the plaintiff and defendants 2 to 5 as the legal heirs. Plaintiff no.2 is a minor and has filed the present suit through his elder brother Marinder Kumari plaintiff no.1. During the life time of Pyare Lal a property bearing municipal no. 91, Central Market, Lajpat Nagar, New Delhi was acquired by Pyare Lal and his father Sunder Dass Jointly. During the life tine of Pyare Lal he continued to possess rights conferred by virtue of the conveyance deed dated 30/07/1970. Defendant no.1 is the brother of Pyare Lal. Subsequently defendant no.1 started claiming rights over the share of Pyare Lal also in the said property. Pyare Lal had got a notice issued to defendant no.l and informed the Land Development Office that Pyare Lal continues to be full and exclusive owner of half share of the said property. On 13/08/1977 Shri Pyare Lal died.

(3.) After the demise of Pyare Lal his heirs, were substituted in the record of Land and Development Office. A demand was made to defendant no.1 for handing over possession of the property. The heirs of Pyare Lal filed a civil suit for possession of half share of the property in question. During the pendency of the suit some evidence was recorded. Defendant no.1 is alleged to, have put some pressure on defendants 2 to 5 more particularly defendant no.2 (mother of the plaintiffs) who is a guardian of the plaintiff, to withdraw the said suit. They had been pressured that all the heirs of Pyare Lal would be boycotted from the society for the rest of the life. Defendants 2 to 5 mere already very socially low on account of the death of Pyare Lal, Defendant nos. 2 to 5 keeping in view the threats had withdrawn the said suit without getting the controversy determined on merits.