SH PREM PRAKASH Vs. CHAMPA DEVI

JUDGEMENT

(1.) THE present suit for partition, rendition of accounts and permanent injunction has been filed by Sh.Prem Prakash son of late Lala Gobind Sahai against his mother/defendant no.1/Smt. Champa Devi, defendants no.2 to 8 who are the legal heirs of Sh.Om Prakash deceased brother of the plaintiff, and, defendants no. 9 to 12 who are the sisters of the plaintiff (and the deceased Sh.Om Prakash) and daughters of Lala Gobind Sahai and the defendant no.1/Smt. Champa Devi.

(2.) THE dispute in the present suit concerns the property bearing no.1729, Naya Bazar, Delhi-6 admeasuring approximately 310 sq.yds (hereinafter the 'suit property').

(3.) IT is at this stage necessary to mention an important aspect that, Smt. Champa Devi who appeared as defendant no.1 in the suit; filed her written statement supporting the plaintiff; died during the pendency of the suit. The plaintiff set up a Will dated 8.10.1987 of the mother Smt. Champa Devi, and as per which Will, the 1/3rd share of the mother Smt. Champa Devi was said to have been bequeathed in favour of the plaintiff. The plaintiff as on today thus claims 2/3rd share in the suit property.