ASHOK KUMAR Vs. BACHU SINGH

JUDGEMENT

(1.) THIS appeal has been directed against the impugned judgment and decree dated 26.4.2005 which had endorsed the finding of the trial judge dated 02.3.2005 whereby the suit filed by the appellant/plaintiff Ashok Kumar seeking partition and injunction had been dismissed.

(2.) THE plaintiff was the son of Lakhi Ram. Lakhi Ram had died on 16.4.1987 leaving behind his widow Shanti Devi, four sons and one married daughter. Contention was that the following four properties being joint family properties were co-owned by all the legal heirs viz:

(3.) BEFORE this Court also it has been urged that the dismissal of the suit by the two Courts below is an illegality and the contention of the plaintiff all along was that the aforenoted property i.e. property bearing No.2726-A, Gali Arya Samaj, Bazar Sita Ram, Delhi although in the name of Shanti Devi was purchased out of the funds of his father Lakhi Ram. Perusal of the plaint negatives this contention. Nowhere in the entire averments in the plaint is there a whisper that this property although in the name of Shanti Devi was purchased from the funds of his father Lakhi Ram and is thus a joint family property. The defence of Shanti Devi was that this was her exclusive property. No specific issue has been framed by the court about this dispute.