SATYA PAL AGGARWAL Vs. RAJINDER KUMAR

JUDGEMENT

(1.) THE challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 29.1.2004. By the impugned judgment the suit of the appellant/plaintiff seeking partition was dismissed taking note of the facts which emerge on record showing that the appellant/plaintiff himself was signatory to two documents, Ex.DW1/1 (dated 14.1.1987) and Ex.DW1/2 (dated 17.2.1985) which showed that the division of the properties had already taken place between the family members of late Sh. Rama Nand Aggarwal.

(2.) THE facts of the case are that the appellant/plaintiff filed the suit for partition of the properties which fell to the share of his father -Sh. Rama Nand Aggarwal. Appellant/plaintiff and defendant Nos.10 and 11 were children of Sh. Rama Nand Aggarwal through the first wife Smt. Manbo Devi. Sh. Rama Nand Aggarwal was the son of Sh. Ram Parshad. Sh. Ram Parshad had another son, Sh. Jagan Nath. It was pleaded that to the share of the branch of Sh. Rama Nand Aggarwal, certain portions of the property Nos. 230 and 233, Nawada Bazar, Najafgarh, New Delhi fell, and it was pleaded that such properties be partitioned inasmuch as the appellant/plaintiff did not get any share in the said properties.

(3.) THE trial Court has dealt with this aspect while dealing with issue No.1 in the following paragraphs: -