PREM SAGAR KHANNA Vs. RAVI KHANNA AND OTHERS

JUDGEMENT

(1.) The plaintiff has filed the instant suit for declaration, partition and permanent injunction, para 19 of the plaint contains the prayer clause which reads as under :

(2.) A perusal of the aforesaid prayers would show that the plaintiff is seeking a declaration that family arrangement dated 2nd Aug., 1986 is final and binding on the parties in all respects. It is only if it is decided that the aforesaid family arrangement dated 2nd Aug., 1986 is not final and binding, the plaintiff is seeking, in the alternative, partition of the suit property mentioned in prayer clause "a" above.

(3.) It is an admitted case that family arrangement dated 2nd, Aug., 1986 was entered into between the parties recording that the parties had partitioned the suit properties. In para 6 of the plaint the plaintiff has even alleged that the said family arrangement was acted upon by the parties. It may be mentioned that there are three sets of defendants. One is agreeing with the plaintiff by contending that the aforesaid family arrangement is final and binding on the parties whereas other two sets of the defendants are challenging the aforesaid family arrangement.