CHETAN PARKASH MALHOTRA Vs. KRISHAN KUMAR MALHOTRA

JUDGEMENT

(1.) This is an application filed on behalf of the plaintiff under Order 12 Rule 6 read with Section 151 of the Code of Civil Procedure (hereinafter referred to as 'the Code') and in this application it has been prayed that a decree on admission under Order 12 Rule 6 of the Code be passed in favour of the plaintiff and against the defendants.

(2.) Briefly stated, the facts of the case are that the plaintiff and defendants 1 to 5 are brothers being sons of late Shri Basheshar Nath Malhotra. The present suit has been filed by the plaintiff for partition with regard to the property bearing No.E-48, Kirti Nagar, New Delhi. It is stated that the plaintiff alongwith his deceased father purchased and acquired a plot of land measuring 425 square yards bearing No.E-48, Kirti Nagar, New Delhi vide registered sale deed dated 4th July, 1962 and thereafter the plaintiff and late Shri Basheshar Nath Malhotra constructed a building of two and a half storey over the aforesaid plot jointly and they were joint owners of the property in equal proportion.

(3.) It has been stated in para 5 of the plaint that right from the beginning the plaintiff and the deceased father of the parties had been enjoying the said property in equal proportion as joint owners and they were also recorded as joint owners of the said property. In para 7 of the plaint it has further been stated that as per the Will left by late Shri Basheshar Nath Malhotra, half portion of the said property, which was in his name, devolved upon defendants 1 to 5 in equal proportion. The aforesaid facts have not ben controverted in the corresponding paras of the written statement.