SATYA GUPTA Vs. GUNEET SINGH

JUDGEMENT

(1.) Mediation between the parties has failed. The counsel for the parties state that this suit for partition of immovable property is ripe for framing of issues.

(2.) The undisputed facts are that:

(3.) The plaintiff claims to have acquired half share of Shri Jai Narain Gupta in the premises, under his Will. The defendant in his written statement has disputed the Will of Shri Jai Narain Gupta in favour of the plaintiff and pleaded that there are other heirs also of Shri Jai Narain Gupta and rent was being paid to the plaintiff for the benefit of all the legal heirs. However, no particulars of the other heirs have been given. The husband and attorney of the plaintiff Mr. Abhay Ram Gupta identified by his counsel is present in Court; on enquiry he states that the wife of Shri Jai Narain Gupta had pre-deceased him and Shri Jai Narain Gupta, besides him had no other child; he confirms the Will of Shri Jai Narain Gupta in favour of his wife. The counsel for the defendant on enquiry today also, states that he is not in a position to controvert the said position.