VIRENDER KUMAR Vs. ASHOK KUMAR

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal (RFA) filed under Section 96 Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the Trial Court dated 07.10.2002 which decreed the suit for partition filed by the respondent / plaintiff with respect to the suit property No.C-71, Vishnu Garden, Tilak Nagar, New Delhi.

(2.) THE facts of the case are that the subject property was owned by the father of the parties late Sh. Gian Chand who died intestate on 13.3.1991. THE mother of the parties also expired on 22.2.1992. It was pleaded in the plaint that though the respondent / plaintiff was living separately from the family, however, he was taking care of his parents including their medical expenses. It was also pleaded that the respondent / plaintiff arranged the marriage of the defendant no.1/brother and spent money on the same. It was also pleaded that monies were spent by the respondent / plaintiff in the marriage of the defendant No.3/sister.

(3.) THE only issue which has been argued on behalf of the appellants / defendants was that by virtue of the newspaper notice dated 28.7.1988, which was admitted to have been published, the respondent / plaintiff would not have any right in the suit property.