OM PRAKASH Vs. JAI SINGH

JUDGEMENT

(1.) THIS is a suit for partition of property comprised in Khasra No. 798/505 min. situated in Abadi Deh, Municipal No. 153-A, Shahpur Jat, New Delhi. Late Shri Risal Singh, late Shri Chhatar Singh and late Shri Nyaddar Singh were brothers, being sons of late Shri Surjan Singh. The case of the plaintiff is that the suit land was jointly purchased by late Shri Risal Singh, late Shri Chhatar Singh and late Shri sons Jai Singh (defendant No. 1), Sher Singh (defendant No. 2) and Inder Singh. Shri Inder Singh has died and is survived by his widow Raj Bala, who is defendant No. 3 in the suit and two sons Manish and Vikas who are defendant No. 4 and 5 respectively in the suit. Late Shri Nyaddar Singh was survived by five sons, namely, plaintiff No. 1 Om Prakash, plaintiff No. 2 Kuldeep Singh, plaintiff No. 3 Braham Prakash, plaintiff No. 4 Surinder Singh and late Shri Ved Prakash and two daughters, plaintiff No. 1 Satyawati and plaintiff No. 10 Lajwanti. Late Shri Ved Prakash was survived by his widow Chandrakala (plaintiff No. 8), son Lalit Kumar (plaintiff No. 5) and two daughters Rekha and Deepti, who are plaintiff Nos. 7 and 6 respectively.

(2.) THE case of the plaintiff is that though initially late Shri Risal Singh, late Shri Chhattar Singh and late Shri Nyaddar Singh owned equal shares in the suit land in an oral family settlement amongst them in the year 1960, late Shri Chhattar Singh was given property No. 348, measuring 200 sq. yards and his share to the suit land came to late Shri Risasl Singh. Thus, late Shri Risal Singh became the owner of 2/3rd share, whereas late Shri Nyaddar Singh became the owner of 1/3rd share in the suit land.

(3.) DEFENDANT No.1 Jai Singh, filed an affidavit admitting the averments made in the plaint and stated that he has no objection if the suit for partition is allowed. DEFENDANT Nos. 2 to 5 were proceeded ex parte on vide order dated 21st April, 2010.