Y L SONI Vs. V S SONI

JUDGEMENT

(1.) The plaintiff has filed a suit for partition and injunction against the defendants, his brothers. The case set up in the plaint is that late Smt. Krishna Devi, the mother of the parties, owned movable and immovable properties and on her demise, the properties devolved in equal share on the three sons. The plaint also states that a prior Probate Case No. 39/1985 had been filed by defendant No. 1 setting up an alleged Will left by late Smt. Krishna Devi stated to be executed on 03.05.1981. In terms of the said Will, the plaintiff had been excluded.

(2.) The defendants filed a common written statement relying upon the Will. The written statement is signed and verified by both the defendants.

(3.) The probate petition was dismissed on 28.08.2006. This Court taking cognizance of the same, thus, passed a preliminary decree on 01.09.2006 declaring the share of each of the parties to be 1/3rd. The plaintiff gave up the claim of jewellery and restricted the claim to the two immovable properties being property bearing No. D"SC/3, Mansarover Garden, New Delhi and House No. H"6/16, Malviya Nagar, New Delhi as also the amounts lying in credit in three savings bank accounts and the shares held by the deceased in two companies, namely, M/s. Mangalore Chemicals and Fertilizers Ltd. and M/s. Welcast Steels Ltd. A Local Commissioner was appointed to suggest the mode of partition.