ARJUN DASS SATIJA Vs. OM PARKASH

JUDGEMENT

(1.) According to the plaintiff, the suit should be decreed because of the admission made by the defendant in the written statement. In order to appreciate the contention of the plaintiff, it is necessary to know in brief the facts of the case.

(2.) This is an application filed by the plaintiff inter alia on the grounds that one half share of the property bearing No. A-71 and 72, Daya Nand Colony, Lajpat Nagar, New Delhi was jointly purchased by him and his half blood brother, Shri Om Parkash Satija/defendant, on the basis of irrevocable general power of attorney executed by the predecessor in their favour. The remaining one half share of he plot was purchased by their uncle, Shri Bhawani Dass. Subsequently, partition of the property took place pursuance to which, Bhawani Dass became exclusive owner of plot No. A-72, measuring 100 sq. yds., and plot No. A-71 fell into the shares of plaintiff and defendant jointly. Parties thereafter constructed a house on the said plot of land and had been living together. Now, since the defendant is refusing to give proper share of the plaintiff, hence the suit for partition.

(3.) Defendant's plea on the other hand is that this property was purchased jointly by the father of the plaintiff, Shri Mangla Ram Satija and his brother Bhawani Dass. Shri Mangla Ram Satija got the name of his sons entered who have been living in this property ever since. The construction on the plot was also done by Shri Mangla Ram Satija and Shri Bhawani Dass. Later by mutual arrangement between the two brothers, house on plot No. A-72 fell to Shri Mangla Ram Satija while that of A-71, fell to Shri Bhawani Dass. The plaintiff and the defendant have not been put in possession of the plot. It is in fact Shri Mangla Ram Satija who is in possession. Therefore, neither the plot nor the construction made thereon neither belong to the plaintiff nor to the defendant.