VISHWANATH CHUGH Vs. KRISHAN LAL CHUGH AND ORS.

JUDGEMENT

(1.) PRESENT suit has been filed by Vishwanath Chugh s/o late Sh. Gobind Ram Chugh seeking partition of a property bearing No. C -111, Kalkaji, New Delhi. The five defendants who have been arrayed in the suit were four brothers and one sister. During the course of their strife, the plaintiff had died; defendants No. 1, 3 & 5 had also expired. They are all represented through their respective legal heirs.

(2.) GOBIND Ram Chugh was allotted a property by the Rehabilitation Department which is the suit property i.e. Municipal No. C -111, Kalkaji, New Delhi. This property had been allotted to him in lieu of the alternate property which had been left by him in Pakistan. The property in Pakistan had devolved upon Gobind Ram Chugh in 1937 after the death of his father Ganga Ram Chugh.

(3.) WRITTEN statement was filed by all the defendants. The contesting defendants are defendants No. 1 & 2. Defendants No. 3 to 5 are supporting the case of the plaintiff. Their contention in the written statement is that Gobind Ram Chugh was the owner of the said property. He had died intestate. His wife has also expired. There are six class I legal heirs i.e. parties to the suit and each of them is entitled to 1/6th share in the suit property. Defendant no. 1 and defendant no. 2 are illegally enjoying the property to the detriment of the other legal heirs. A counter claim of mesne profit against defendants No. 1 & 2 has also been set up.