R K MARKAN Vs. RAJIV KUMAR MARKAN

JUDGEMENT

(1.) The plaintiff has moved the present application under Order 12 Rule 6 Code of Civil Procedure for passing a decree on i he basis of the admissions made in the written statement/ counter claim of the defendants.

(2.) Plaintiff has filed this suit for partition in respect "or property No,B~99, Ashok Vihar, Phase-1, Delhi. which undisputably belonged to late Pushpa Markan, wife of the plaintiff and mother of defendants 1 and 2. Smt.Pushpa Markan died on 7/06/1975. She had left a 'Will' bequeathing the property to the plaintiff and defendants, her two minor sons. The plaintiff had filed a probate case on which Letters of Administration were granted on 24/03/1977. The name of the plaintiff and the defendants was also mutated in the records of Delhi Development Authority. The plaintiff being one of the legal heirs of deceased Pushpa Markan, claims l/3rd share in the suit property. The house in question at present is in possession of the defendants. Defendants have filed their written statement alongwith the counter claim.

(3.) The plaintiff prays that the suit be decreed in view of admissions made by defendants in para No.5 of the written statement. The contention is that defendants in the written statement have admitted that the plaintiff and the defendants succeeded to the suit property left by Smt.Pushpa Markan and each of the plaintiff and defendants are entitled to l/3rd share in the property.