MANOJ KAPOOR Vs. OM PRAKASH KAPOOR

JUDGEMENT

(1.) The matter was passed over once and called the second time. None appeared for the plaintiff.

(2.) The plaintiff has filed a suit for partition, rendition of accounts and permanent injunction in respect of a three storeyed house constructed on a plot bearing No.S-32, Rajouri Garden, New Delhi. The property is stated to be owned by Shri Mangal Sain Kapoor, who passed away. Shri Mangal Sain Kapoor was survived by his wife, Shrimati Soma Wanti, daughter Shrimati Sudarshan Devi and son Shri Om Prakash (defendant No.1). The wife of Shri Mangal Sain Kapoor also passed away.

(3.) The plaintiff claims that the property would devolve on his father, Shri Om Prakash Kapoor, himself and defendants 2 and 3, who are his brothers. Defendant No.2 is stated not to be residing in the suit property while defendant No.3 is stated to be in occupation of the whole of the second floor along with terrace rights. Defendant No.3 is stated to be in occupation of a portion of the ground floor. The plaintiff claims 1/4th share in the property.