VIRENDER KUMAR GARG Vs. RAVINDER KUMAR GARG

JUDGEMENT

(1.) This appeal is directed against an order dated 29.08.2013 by the learned Single Judge dismissing the appellant's suit.

(2.) The appellant/plaintiff had sought declaration, partition, mandatory injunction and cancellation of documents. The plaintiff and the first four defendants are the sons of late Mr. J.N. Garg. The fifth defendant is their mother and sixth defendant, the wife of the first defendant.

(3.) The Plaintiff had contended that the late Mr. Ghamandi Lal, his great-grandfather acquired a number of properties during his lifetime. He was survived by two sons, Prem Narain and Laxmi Narain, and three daughters. The plaint alleged that an oral family partition took place and that four properties described in the plaint, in village Tihar fell to the share of late Laxmi Narain Garg. It was stated that he then sold those properties at different points of time and out of those funds bought on lease F-83, Naraina Vihar, New Delhi (hereafter the 'suit property') from the Delhi Development Authority (DDA). Thereafter, the ground floor and one room on the first floor was constructed out of the joint family funds. It is stated that the late Mr. J.N. Garg (plaintiff's father, as well as that of the first four defendants) lived in the suit property till his death on 12th January, 1986. It is stated that on the death of Laxmi Narain, the plaintiff's grandfather, the suit property and all other assets fell to the share of the Plaintiff's father, late J.N. Garg, who was a Government employee, having no other source of income. It is stated that the Plaintiff got married in 1984. As such, there was shortage of accommodation and the entire first floor was covered by additional construction and two rooms were constructed on the second floor in 1985-86.