MASTER ADITYA MURGAI Vs. ASHOK MURGAI

JUDGEMENT

(1.) Master Aditya Murgai through hie mother as the guardian and next friend has filed a civil suit for partition and injunction against Ashok Murgai, defendant. Ashok Murgai is the father of the plaintiff. The plaintiff prays for partition of the suit property bearing no. 16, Rajdoot Marg, Chanakyapuri, New Delhi by metes and bounds and to restrain the defendant from transferring, alienating or parting with possession of the said property (for short the suit premises).

(2.) It has been pleaded that Sh. Thakur Dass, the great grandfather of the plaintiff constituted a Joint Hindu Family with his four sons. The said Joint Hindu Family apart from cash and other movable assets owned considerable agricultural land in the State of Rajasthan and Punjab. Sh. Thahkur Dass died in the year 1936 leaving behind his widow and four sons. The agricultural land and the houses in Punjab were sold and there was a partition amongst the eons and legal heirs of Thakur Dass. The sale proceeds and other assets of the joint Hindu Family were partitioned amongst the brothers including the grand father of the plaintiff. The plaintiffs grand father, Shri B R Murgai on severance, partition and division of the property constituted a Joint Hindu Family comprising of his four sons, one of which is the defendant. Shri B R Murgai, out of the sale proceeds and other assets received from common family funds purchased properties including the suit premises. A house was constructed on the plot. The defendant subsequently married the plaintiff's mother and the plaintiff was born on 31/01/1990. The relation between the defendant and his wife deteriorated and she was deserted. The family members, namely defendant and his brothers and others entered into a family settlement in the year 1989 giving the defendant full rights of residence to himself and has family members.

(3.) It has been pleaded that defendant filed a civil suit declaration and injunction levelling sundry allegations against his family members. The said suit was compromised and it was agreed that defendant shall become the sole and absolute owner of the suit premises after the demise of B R Murgai, namely the grand father of the plaintiff. The defendant is alleged to have filed another suit for declaration and injunction alleging that his father and brothers were not abiding by the terms of the compromise. The said suit was finally settled in the Civil Revision No. 564/97 and certain terms were agreed that the defendant is the owner of the suit premises.