VIRENDER AND ORS. Vs. KRISHNA AND ORS.

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the contesting defendants in the suit, impugning the judgment of the trial court dated 21.3.2017 by which the trial court has decreed the suit of the respondents/plaintiffs and directed partition of the suit properties which belonged to the father of the parties late Sh. Jugti Ram. Respondents/plaintiffs have been granted ? ..?th share each in the suit properties inasmuch as the deceased Sh. Jugti Ram and his widow Smt. Murti Devi died leaving behind eight children i.e four daughters and four sons. Three plaintiffs in the suit and the defendant no.5 Smt. Rajwati were the four daughters and the four sons were the defendant nos. 1 to 4 in the suit. Appellants are defendant nos. 1 to 3 in the suit. Reference to these defendants would include reference to their legal heirs inasmuch as the defendant nos. 2 and 3 had died pendente lite and are thus now represented by their legal heirs.

(2.) The facts of the case are that the father of the parties Sh. Jugti Ram was the owner of the three suit properties. These properties were X-83 and property no. 1375 situated in the Revenue Estate of Village Chhawla, Delhi and another property being land admeasuring 2416.5 sq. yds. in Khasra No. 273 of Village Chhawla, Delhi. The suit properties existed in the name of Sh. Jugti Ram in the revenue record and who died intestate in the year 1991. His widow Smt. Murti Devi, i.e mother of the parties also died intestate in the year 1991. All the aforesaid facts are undisputed facts. In view of the aforesaid factual position once a Hindu dies intestate, his property will equally devolve amongst his children, and therefore, the suit for partition has rightly been decreed in favour of the three daughters by the trial court.

(3.) Before the trial court the appellants had contended that the property situated in Khasra No. 273 was sold out, and in this regard the trial court has found that it was only a portion of Khasra No. 273 which was sold out, but the balance area of 900 sq. yds. remained. Trial court for this purpose relies upon the report produced by the revenue official being the Patwari Ex.CW1/A and also the relevant extract of the Khatoni Ex.CW1/B and both of which documents showed that the suit property has continued to be shown in the name of, and hence ownership of, Sh. Jugti Ram and was hence available to the children of Sh. Jugti Ram and Smt. Murti Devi for partition in terms of the rights inherited as per the Hindu Succession Act.