ASHA GUPTA Vs. MAHENDER KUMAR AND ORS.

JUDGEMENT

(1.) This suit for partition is filed by one plaintiff Smt. Asha Gupta. Smt. Asha Gupta is the daughter of late Sh. Siri Kishan Dass Mittal and Smt. Basanti Devi. There are five defendants in the suit. Defendant nos. 1 and 2 are the brothers of the plaintiff and sons of Sh. Siri Kishan Dass Mittal and Smt. Basanti Devi. Defendants no. 3 to 5 are the legal heirs of the branch of Sh. Rajender Kumar and which Sh. Rajender Kumar is the deceased brother of defendant nos. 1 and 2 and the plaintiff and the son of Sh. Siri Kishan Dass Mittal and Smt. Basanti Devi.

(2.) As per the plaint, plaintiff claims that the father Sh. Siri Kishan Dass Mittal was the sole owner of the suit property bearing no. M -291, Greater Kailash -II, New Delhi -110048 and since the father Sh. Siri Kishan Dass Mittal died intestate at Delhi on 18.11.2004 with the mother Smt. Basanti Devi having already expired, plaintiff has a 1/4th share in the suit property with 1/4th share falling to defendant no. 1, 1/4th share falling to defendant no. 2 and 1/4th share falling to Sh. Rajender Kumar who is represented by his legal heirs being the defendants nos. 3 to 5.

(3.) Defendant nos. 3 to 5 in their written statement have relied upon a judgment and decree passed as per a compromise in suit no. 11/1976 titled as Smt. Basanti Devi Vs. Shri Siri Kishan Dass and others and which Judgment and Decree dated 30.1.1976 decrees the suit by a compromise affirming the oral partition entered into between the members of HUF of Sh. Siri Kishan Dass Mittal and Smt. Basanti Devi being the husband and wife and their three sons being defendants nos. 2 to 4 in that suit namely Sh. Rajinder Kumar, Sh. Mahender Kumar and Sh. Narender Kumar. As per the compromise decree, the earlier oral partition which took place between the five parties to the said suit dated 29.12.1975 was affirmed and as a consequence thereto plaintiff in suit no. 11/1976 was given the half share of house bearing Municipal No. 2678 Ward No. 5, situated at Roshanpura, Nai Sarak (Ami Chand Marg), Delhi.