RAJ KUMAR ARORA Vs. AJAY KUMAR

JUDGEMENT

(1.) THE plaintiffs namely Mr. Raj Kumar Arora and Mr. Satish Arora have filed the suit for partition in respect of property bearing No. C - 135 -136, New Multan Nagar, Delhi -110056 (hereinafter referred to as the "suit property") . The plaintiffs and defendant namely Ajay Kumar are real brothers. It is the case of the plaintiffs that the suit property is the joint property of the plaintiffs and the defendant.

(2.) THE case of the defendant is that the suit property is his self - acquired property and has never been the joint property. The plaintiffs have no right, title, interest or claim in the suit property. The suit is wholly on false, misleading and baseless. The defendant is the sole owner of the suit property. The plaintiffs have not produced any evidence to establish their claim of joint ownership of the suit property. The documents filed by the plaintiffs along with the plaint which are Ikrarnamas dated 10th January, 1981 and 21st August, 1986 are concocted have been fabricated for the purposes of present case. The defendant has never executed any document(s) acknowledging any right, title or interest of the plaintiffs. The suit property had been purchased by the defendant vide sale deed dated 7th August, 1980. The construction was commenced and completed between 1985 and 1987. The suit property stands mutated in his name. He is in sole and exclusive possession of the same till date without any protest and demur from the plaintiffs. After the lapse of 30 years from the purchase of the suit property which was in the knowledge of the plaintiffs, the plaintiffs have raised the false and frivolous claim in the present suit claiming that suit property is a joint family property. The defendant has denied any family arrangement/ decision taken by the parties.

(3.) THE suit was filed on 26th April, 2010. After many opportunities being granted to the plaintiffs, the replication was filed and parties were directed to appear before the Joint Registrar for filing the affidavit of admission/denial of the documents by order dated 16th September, 2011. The matter was adjourned to 19th December, 2011. On the said date, it was recorded that the affidavit of admission/denial of the documents was not filed by the plaintiffs before the Joint Registrar. Last opportunity was granted to the plaintiffs to file an affidavit of admission/denial of the documents within four weeks. By order dated 20th April, 2012 the matter was adjourned to 19th September, 2012. It appears from the record that even on the said date the affidavit was not filed despite of last opportunity. The admission/denial of the documents was accordingly concluded. The matter was listed before Court on 25th January, 2013. In the meanwhile, the application for review of the order dated 19th September, 2012 was filed by the plaintiffs which was dismissed by the Joint Registrar on 3rd October, 2012.