JAGDISH RAI Vs. TEK CHAND

JUDGEMENT

(1.) Jagdish Ral (plaintiff) seeks partition of the property in dispute. The present suit has been filed against Tek Chand who is the brother of the plaintiff besides other defendants 2 to 6 who are not contasting the civil suit.

(2.) . It has been alleged that in a civil suit for partition between late Ram Prasad (father of the plaintiff) and his brother Deep Chand have one of the property' no. 7/5285-86, Krishan Nagar, Karol Bagh New Delhi, fell to the share of Ram Prasad and other to the share of Deep Chand. Ram Prasad had,executed a will dated 24/9/1982 whereby he bequeathed his share in the said house to the plaintiff and defendant no.1 in equal share. It was also provided in the will that his other heirs, namely defendants 2 to 6 shall have no concern whatsoever with the said house. Ram Prasad died in Delhi on 4/10/1982. Thereafter the said suit for partition between Ram Prasad and Deep Chand was settled between the parties. One half portion of the house adjacent to house no. 5287 belonging to Kanwar Sain Maurya fell to the share of Ram Prasad. Plaintiff and defendant no.1. being the exclusive owners of the said house took possession of the said house and are stated to be in Joint possession.

(3.) . Plaintiff asserts that he does not want to keep the share of the said house Joint with defendant no.1.. Defendants 2 to 6 have no right, title or interest in the property and therefore seeks partition of the said house.