VED PARKASH Vs. NARESH KUMAR

JUDGEMENT

(1.) A suit for Partition, Declaration and Permanent Injunction has been filed by the plaintiff in respect of 162 sq yards out of the suit property measuring 2 Bighas and 8.5 Biswas in Khasra No. 265 on the ground that the suit property originally belonged Shri Ram Lal, the great grandfather of the plaintiff which was inherited by his deceased father Late Shri Maha Singh as a HUF property. He therefore has a share in the property by virtue of being a coparcener.

(2.) Submissions heard as to the maintainability of the suit.

(3.) The facts as narrated by the plaintiff are that late Shri Ram Lal, great grandfather of the plaintiff was the sole owner of land admeasuring 4 Bigha 17 Biswa having Khasra No. 265 in Village Saidula Jab, Tehsil Mehrauli, Delhi. After the demise of late Shri. Ram Lal (who died before 1956), the property came into the possession of his two sons namely late Shri. Chotte and late Shri. Lajje Ram. Since late Shri. Ram Lal had died before 1956, it came in the hands of the successors as HUF Property. The Half share of the Khasra No. 265 which is 2 Bigha and 8.5 Biswa which came to Shri Chottey, was sold by his wife Smt. Ms. Sarti Devi, to some persons who are in its possession as is shown in yellow colour in the site plan. The other half of the suit property measuring 2 Bigha and 8.5 Biswa as shown red in the site plan, came to the share of late Shri. Lajje Ram as Hindu Undivided Family Property.