PARMA NAND AHUJA Vs. SATYA DEV AHUJA

JUDGEMENT

(1.) This appeal is directed against the decree dated the 25th of October 1961, made by a Sub-Judge First Class, Delhi, the foundation whereof is the impugned judgment made on the same date.

(2.) The appellant, Parmanand Ahuja, instituted a suit against his two step-brothers, a step-sister and a step-mother for obtaining through partition his share in the businesses and properties including the verified claims to compensation which belonged to his deceased father Shri Lachhman Das Ahuja. The plaintiff filed Schedules A, B, C and D containing the particulars of various properties. In paragraph 10 of the plaint dated the 26th of February, 1959, the plaintiff stated :-

(3.) The plaintiff proceeded to state in paragraph 10-A of the plaint that regarding the verified compensation claims his late father had devised that firstly an amount of Rs. 10,000.00 shall be paid to the plaintiff and then out of the remainder a one-third share would be given to the plaintiff, and the two-third would go to his step-brothers. In paragraph 11 the plaintiff asserted that he was entitled to his share in the properties mentioned in the four schedules, as devised by the said will.