PUSHPA Vs. MURARI LAL GUPTA

JUDGEMENT

(1.) Plaintiff Mrs. Pushpa is none other than the sister of defendant no.1, Murari Lal Gupta. She has filed the present suit for partition and rendition of accounts against defendant no.1 impleading her other sisters defendants 2 to 6. The facts alleged are that the mother of the parties died on 3/4/1982. Thereafter the father of the parties died on 5/6/1990. The plaintiff asserts that she died intestate. The parents of the parties left their estate consisting of immovable and moveable propel ties which have been detailed in Annexure I to the petition. As per Hindu Law of Succession all the children who are the parties to the present suit were entitled to 1/7th share in the immoveable and moveable properties.

(2.) It is asserted that the rent of the properties is being collected by defendant no.1 and he is enjoying properties left behind by the parents of the deceased since the time of their death. Defendants 2 to 6 have informed the plaintiff that they have also not been paid their share despite repeated requests. Plaintiff claiming herself to be the legal heir of the mother and her father seeks partition of the property as well as the rendition of accounts from defendant no.1.

(3.) Defendants, 2 to 6 in their separate written statements have not disputed the claim of the plaintiff.