AMIT SAINI Vs. JAIMALA SAINI

JUDGEMENT

(1.) THIS is a suit for partition of (i) property no. 8, Khasra No. 99/22, Firni Road Saran Park Extn., Mundka measuring 490 sq yards, (ii) property/plot no. 22, part of Kh. No. 101/11, Amar Colony, Munda, Nangloi, New Delhi-41 measuring 200 sq. yards and (iii) property no. 1871/139, Shanti Nagar, Tri Nagar, Delhi-35 measuring 250 sq. yards . It is alleged in the plaint that the aforesaid properties were owned by late Dharam Pal father of the plaintiff and the husband of defendant no. 2. Mr. Dharam Pal expired on 04.11.2010 leaving the parties to the suit as his class I legal heirs. The plaintiff is accordingly seeking partition of the aforesaid properties and claims to have 1/5th share in each of them.

(2.) THE written statements has been filed by the defendants. The defendant nos. 1 to 3 are contesting the suit, whereas defendant no. 4 is supporting the plaintiff. It has not been disputed in the written statement of defendant no. 1 to 3, that all the three properties which are the subject matter of suit were owned by Mr. Dharam Pal Saini. It is also not in dispute that the parties to the suit are the only class I legal heirs of late Dharam Pal. The only defence taken by the defendant no. 1 to 3 is that late Dhram pal Saini had disowned the plaintiff in his life time by publication in newspaper and therefore he is not entitled to any share in the suit property.