RAJNESH PATHAK Vs. KARUNA LAKHANPAL & ORS

JUDGEMENT

(1.) The present suit has been instituted by the plaintiff praying inter alia for a decree of declaration, partition, rendition of accounts and mandatory injunction.

(2.) The first relief in the plaint is for passing a decree of declaration against the defendants declaring the plaintiff and the defendant No.3 as joint owners of half of the premises bearing No.M-73, Greater Kailash-II, New Delhi, as shown in red colour in the site plan enclosed with the plaint.

(3.) Counsel for the defendants No.1 and 2 states at the outset that his clients are not laying any claim to any part of the aforesaid property, which is the subject matter of the will dated 02.02.2013 executed by late Shri Chaman Lal Pathak, father of the parties, on the condition that the plaintiff be called upon to state that he is not disputing the legality and validity of the said will.