M C GUPTA Vs. RAMESH CHANDRA GUPTA

JUDGEMENT

(1.) IA No. 9995/2014

(2.) THE plaintiff has filed the accompanying suit relating to partition of the property 3C/14, New Rohtak Road, New Delhi. The plaintiff seeks decree of partition by metes and bounds in respect of the suit property and that his share be given to him. As per the plaint the property belonged to the late father of the plaintiff Shri Ram Chandra Gupta. The suit property was part of the property of HUF consisting of Shri Ram Chandra Gupta as a Karta. Shri Ram Chandra Gupta is the late father of the plaintiff and defendants No.1 to 3. Defendants No.4 to 7 are the family members of late Suresh Chandra Gupta, the deceased brother of the plaintiff.

(3.) IT is stated that a partial partition of the HUF took place on 21.5.1980 and Shri Suresh Chandra Gupta who is now represented by defendants No.4 to 7 severed his status as member of the HUF. He also undertook that he had no claim whatsoever in the HUF property and signed an affidavit to the said effect.