JAI BHAGWAN GUPTA Vs. BHAGO DEVI

JUDGEMENT

(1.) The plaintiff has filed the Suit for partion and rendition of accounts. The plaintiff is the son of defendant no.1 who is his mother. Defendants 2 to 5 are brothers of the plaintiff and defendants 6 to 9 are the sisters of the plaintiff. The plaintiff and the defendants 1 to 9 are the legal heirs of Shri Balwant Rai who died at Delhi on 31/3/1986. It is stated in the plaint that Shri Balwant Rai was the owner of two properties namely,

(2.) It is further stated that Shri Sulekh Chand father of Shri Balwant Rai and grand father of the plaintiff and defendants No.2 to 9 and father-in-law of defendant no.1 was owner of two properties namely (a) two shopts constructed on an area of approximately 100 sq.yds.; and (b) a house constructed on an area of 250 sq.yds. in village Deorah, Tehsil Kaithal (Haryana). On the death of Shri Sulekh Chand these properties being ancestral properties came to be owned by Shri Balwant Rai and his sons as coparceners. Thus, Shri Balwant Rai had l/6th undivided share in these ancestral properties while the remaining 5/6th share was ownerd by the plaintiff and defendants no.2 to 5 in equal undivided shares i.e. l/6th share each in their0 own right. The said properties are jointly owned and possessed by the parties.

(3.) According to the plaintiff, Shri Balwant Rai died inteste and on his death his estated devolved upon the parties to the Suit as they are Class I legal heirs in equal undivided shares. The plaintiff accordingly claims 1/lOth share in the two properties left by Shri Balwant Rai as well as 1/lOth undivided share in Balwant Rai's i/6th undivided share in the ancestral properties at Village Deorah, Tehsil Kaithal (Haryana) as mentioned above.