GAGANDEEP SINGH RADHAWA Vs. NIRMAL SINGH RANDHAWA

JUDGEMENT

(1.) The plaintiff Lt. Col. Gangan Deep Randhawa has filed the present suit for partition seeking partition of the property known as 14, Hanuman Road, New Delhi into five equal shares 1/5 of the plaintiff and 1/5 each of the four defendants. The defendant No. 1 is the father of (he plaintiff. Defendant No.2 is the mother of the plaintiff and defendants 3 and 4 are the real brothers of (he plaintiff.

(2.) The case of the plaintiff in brief is (hat the property known as 14, Hanuman Road, New Delhi was originally owned by Sh. Deva Singh Randhawa & Sons HUF, having Sh. Deva Singh Randhawa and his two sons namely Sh. Nirmal Singh, defendant No. 1 and Sh. N. S. Randhawa. Disputes had arisen between the family members and a family settlement was arrived at on 31-7-1980. A family settlement was drawn on 2-8-1980 on the basis of the oral settlement and (he property in question namely 14, Hanuman Road, New Delhi was divided into two parts A and Part B. Part A fell to (he share of defendant No. 1 and part B went to the other brother, Sh. M.S. Randhawa. It is accordingly, averred that the property bearing No. 14A, Hanuman Road, New Delhi admeasuring 439.4Sq. Yards fell to the share of defendant No. 1 and has been in (he occupation of defendant No. 1 and family. The plaintiff and the other defendants accordingly are entitled to and have equal share in the same under Law.

(3.) It is alleged that the defendant No. 1 has been attempting to negotiate the sale of his undivided share in the property, which he cannot do. Defendant No. 1 has refused the plaintiff's request to partition the property. Written statement on behalf of the defendant No. 1 has been filed. Defendant Nos.2 and 4 has also been filed the written statement.