KRISHNA DEVI Vs. REETU PAL AND ANR

JUDGEMENT

(1.) C.M. Nos.29033-35/2017 (exemption)

(2.) This Regular First Appeal under section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the defendant in the suit which was filed by the respondents/plaintiffs for partition of the suit property bearing No.B-271, Qutub Vihar, Golya Dairy, New Delhi.

(3.) As per the suit plaint filed by the respondents/plaintiffs, it is stated that the suit property was owned by Sh. Amarnath i.e husband of the appellant and who was the father of deceased Sh. Arun Kumar being the husband and father of the respondents/plaintiffs. In the written statement filed by the appellant/defendant it was disputed that the suit property did in fact belong to late Sh. Amarnath. In the plaint, it was stated that late Sh. Amarnath died intestate and this is also disputed by the appellant/defendant in the written statement that Sh. Amarnath died intestate. Trial court therefore has decreed the suit for partition observing that if the suit property belonged to Sh. Amarnath, then, on the death of Sh. Amarnath who has died without leaving behind the Will, the suit property will have to be divided in two parts with half part falling to the appellant/defendant and the other half part falling to the respondents/plaintiffs who are the legal heirs being the widow and the minor daughter of the son Sh. Arun Kumar of late Sh. Amarnath.