AMIT RAINA Vs. AKSHAY RAINA

JUDGEMENT

(1.) CS 10676/16 was instituted by the respondent as the plaintiff against the petitioner as the defendant, seeking a decree of partition in respect of property situated at 1016/17, Kucha Shareef Baig, Bazar Sita Ram, Delhi, to the extent of 1/7th of the share of Saroop Kishan Raina (who happens to be the father of the parties before me). Additionally, the plaint sought a decree of permanent injunction against creation, by the respondent, of any third party interest in respect of the suit property.

(2.) The case of the respondent as set out in the plaint, maybe briefly noted thus.

(3.) Pandit Mahraj Kishan Raina was the absolute owner of the suit property. He died on 10/3/1958, intestate. Saroop Kishan Raina, the father of the parties before me, was his son. After the death of Mahraj Kishan Raina, Ramesh Kumar Raina, one of his other sons and the brother of Saroop Kishan Raina, filed Suit No.292/03 (Ramesh Kumar Raina v. Saroop Kishan Raina) before the learned District Judge, seeking partition of the suit property. A preliminary decree dtd. 19/3/2004 was passed with the said suit, whereby the shares of the legal heirs of Maharaj Kishan Raina were determined. The share of the Saroop Kishan Raina, in the state of Maharaj Kishan Raina, was determined as 1/7th of the suit property. The partition suit was finally decreed on 20/2/2008, and Saroop Kishan Raina was finally held entitled to 1/7th of the suit property.