AMIT JOHRI Vs. DEEPAK JOHRI

JUDGEMENT

(1.) THE appellant Amit Johri son of respondent No.1 K.K.Johri is the plaintiff of CS(OS) No.818/2011. He sought declaration, partition, and possession of 1/6th share in property No.1112, Chhata Madan, Gopal Maliwara, Delhi -110006. Alternatively he prayed for a decree in sum of Rs.50,00,000/ - (Rupees Fifty Lacs only).

(2.) TO understand his claim we reproduce averments made by him in para 2 to 9 of the plaint. They read as under: -

(3.) SHRI K.K.Johri had two sons namely, Deepak Johri (Defendant No.1) and Late Shri Rupak Johri. Shri Rupak Johri died intestate and issueless. Shri Deepak Johri got married to Ms.Kumkum Johri (defendant no.10) on 4.12.1980. Out of their wedlock, the plaintiff herein namely, Amit Johri was born on 02 -11 -1981. On account of temperamental differences disputes arose between Shri Deepak Johri, Defendant no.1 and Ms.Kumkum Johri, Defendant no.10 which resulted in decree of divorce between the two. The said decree of divorce became final having confirmed by the Hon?ble Apex Courtvide its order dated 27 -09 -2010.