KANWAR SURJEET SINGH Vs. DALJIT SINGH PAL

JUDGEMENT

(1.) The present civil suit has been instituted by the plaintiffs, seeking a preliminary decree of partition with respect to property bearing no. F-62, Green Park, New Delhi-110016 [hereinafter referred to as the "suit property"]. The plaintiffs pray for a declaration of their respective shares in the suit property as follows:-plaintiff no. 1 as the owner of 1/5th share, plaintiff no. 2 as the owner of 2/5th share, defendant no.1 as the owner of 1/5th share, and defendants Nos. 2 to 4 collectively as owners of the remaining 1/5th share in the suit property.

(2.) The genealogical relationship between the parties is that plaintiff Nos. 1 and 2, along with defendant no. 1, are real brothers. Late Balbir Singh, who was also a brother to plaintiff Nos. 1 and 2 and defendant no.1, is represented in this suit by his children. This includes original defendant no.2, Satinderjit Singh [now deceased, represented by his legal heirs], defendant no.3, Charanjit Singh, and defendant no.4, daughter of late Mr. Balbir Singh. Together, defendants Nos. 2, 3, and 4 claim their share in the suit property as legal heirs of late Mr. Balbir Singh.

(3.) The facts of the instant case indicate that the estate of late Mr. Gurbux Singh, who was the owner, and was in possession of the suit property, is the subject matter of the suit. Mr. Gurbux Singh passed away intestate on 16/6/1964, leaving behind five sons, three daughters, and his wife.