SHIV NARAIN MITTAL Vs. CHANDER BHAN MITTAL

JUDGEMENT

(1.) This is an application filed by plaintiff under Order XII Rule 6 read with Section 151 CPC for passing a preliminary decree.

(2.) Plaintiff has filed the present suit for partition and injunction, with respect to the plot of land bearing no.21/43, Shakti Nagar, New Delhi.

(3.) As per the plaint, parties to the present suit are close relations, being real brothers. The abovestated plot of land was purchased by late Sh.Ajudhiya Prasad Gupta, father of the parties, in the name of both his sons i.e. the plaintiff and the defendant. At the time of execution of the sale deed on 18.4.1955 both the sons were living at Village Rohtak. It has further been averred in the plaint that the plot of land was purchased in the joint name of one, Sh.Ram Narain Singla, who has 50% share in the said plot of land and, thus, the plaintiff claims 1/4th share in the said plot of land measuring 254.07 sq. yards. After the purchase of the plot, the same was divided between Sh.Ram Narain Singla on the one part and the plaintiff and defendant jointly on the other part. Thus, present suit pertains to the plot of land measuring 127.03 sq. yards. The plaintiff claims half share in the plot of land measuring 127.03 sq. yards.