MASTER SIDAK MALHOTRA Vs. PREM MALHOTRA

JUDGEMENT

(1.) THIS suit was filed by the plaintiff, who is the minor son of defendant no.2 and grandson of defendant no.1 and nephew of defendant no.2, through his mother, who appears to have been deserted by her husband, claiming that he is being deprived of his legitimate share in the ancestral property in Lajpat Nagar which was originally owned by his great paternal grandfather late Shri Dewan Chand Malhotra and after his death was inherited by his grandfather, defendant no.1, and his brother late Shri Jagdish Malhotra, by his father and grandfather. It is pleaded that after the death of the great grandfather of the plaintiff some understanding was arrived at between the plaintiff's grandfather and his brother late Shri Jagdish Malhotra and as per that understanding part of the property was agreed came to be allotted to late Shri Jagdish Malhotra and part to defendant no.1. The present suit is in respect of the portion which came to be allotted to defendant no.1 and which is now being claimed to be ancestral property . The plaintiff claims that he is entitled to seek partition as a coparcener but defendants 1 and 2 are not agreeable to partition and so this suit had to be filed.

(2.) THE following reliefs have been claimed by the plaintiff in the plaint:

(3.) AS a result of the pleas taken by the defendants that the brother of defendant had gifted his share to defendant no.1 and that defendant no.1 had gifted the suit property to his other son, defendant no.3, vide gift deed dated 27.03.2009 and further that the defendant no.3 had already sold the suit property vide sale deed dated 22.04.2010 the plaintiff has filed the present application for amendment of the plaint so as to include therein his challenge to the gift made by defendant no.1 in favour of defendant no.3 and the sale of the suit property in favour of M/s Jagmal Builders by defendant no.3. It is also pleaded that as a result of transfer of the suit property it has also become necessary to implead the buyer Firm and for its impleadment separate application(being I.A.No. 15000/2011) has also been filed.