RISHAB KUMAR JAIN Vs. ROOPWATI JAIN & ORS.

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal under Section 96 of CPC is to the impugned judgment of the Trial Court dated 22.05.2001. By the impugned judgment, the Trial Court dismissed the suit for partition, rendition of accounts and injunction filed by the appellant -plaintiff. The disputes in the suit concerned the properties of late Sh. A.P. Jain.

(2.) THE facts of the case are that late Sh A.P. Jain had married twice. The appellant -plaintiff and the defendant no. 6 were the son and daughter from the first marriage. The defendant no. 1 was the widow from the second marriage and defendant nos. 2 to 5 are their children from the second marriage. Late Sh. A.P. Jain owned a property bearing no. B -270, Saraswati Vihar, Delhi. Late Sh. A.P. Jain also left certain fixed deposits in banks at the time of his death. It is with respect to these properties that the subject suit came to be filed.

(3.) THE main contest in the Court below therefore was with regard to the validity of the Will dated 15.06.1993 of late Sh. A.P. Jain.