DHANPAT RAI GUPTA Vs. KASHMIRI LAL GUPTA

JUDGEMENT

(1.) The present Regular Second Appeal under Sec. 100 of the Code of Civil Procedure, 1908 (CPC) has been filed against the Judgment and Decree dtd. 17/9/2013 passed in RCA No. 10/2010, whereby the learned ADJ set aside the Judgment and Decree dtd. 21/1/2008 of the learned Civil Judge decreeing the Suit of the Plaintiff/Appellant for possession, Injunction, Damages and in alternative for partition.

(2.) The Plaintiff had filed a Suit bearing No. 44/2001 for Possession, Damages, Injunction and in alternative for Partition, under Sec. 6 and 9 of the Specific Relief Act, 1963.

(3.) The facts as narrated in the Plaint, are that the plaintiff Sh. Dhanpat Rai Gupta, defendant no. 1, Sh. Kashmiri Lal Gupta, defendant no. 2, Sh. Ram Gopal Gupta and Late Sh. Raghu Nath Gupta (husband of Defendant no. 3(a) and father of Defendants no. 3(b) to Defendant no. 3(d)) were four real brothers, who jointly purchased land admeasuring 18 bighas and 6 biswas situated in Village Pipal Thala, Delhi, out of which 11 bighas and 6 biswas comprised Khasra No. 429/135/1, vide Sale Deed dtd. 14/7/1954. It is asserted that the land was purchased for residential purposes. After developing and levelling the land, the brothers reserved approximately 1 bigha and 2 biswas (subsequently increased to about 1300 sq. yards) for their own use, while the remaining portion was divided into residential plots and sold to various persons. The sale consideration of all the plots sold, was divided amongst the brothers.