AMAR CHAND Vs. CHANDER BHAN

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 is the impugned judgment of the Trial Court dated 22.1.2002, and by which judgment the Trial Court has decreed the suit of the respondent no.1/plaintiff by declaring that the respondent no.1/plaintiff was the 1/4th owner of the property no.105-A, Village Begumpur, New Delhi-17.

(2.) THE facts as alleged in the plaint were that the suit property though purchased in the name of Sh. Roop Chand, (who was represented by his legal heirs being the defendants no.1 to 3), however the property was purchased with the joint funds of the nominal owner Sh. Roop Chand, of the plaintiff/Sh. Chander Bhan and defendant no.5/Sh. Babu Lal. Plaintiff and defendant no.5 are brothers. The stand of the appellants/defendants no. 1 to 3 before the Trial Court was that the property was in fact purchased by their father Sh. Roop Chand from his own funds and therefore the plaintiff had nothing to do with the ownership of the suit property. It was also further pleaded that the plaintiff wrongly contends that his portion of the property was in fact built by him and the property was built and constructed by the monies of late Sh. Roop Chand.

(3.) THE basic issue before the Trial Court, and also so argued before this Court, was whether the suit property was exclusively owned by Sh. Roop Chand, predecessor-in-interest of the appellants/defendants no. 1 to 3 or whether the suit property was in fact the property of Roop Chand only to the extent of 50% and 50% interest therein was of the plaintiff and defendant no.5, i.e. 1/4th each of the plaintiff and the defendant no.5.