S.K. CHOPRA Vs. V.N. CHOPRA

JUDGEMENT

(1.) The plaintiff has filed the above captioned suit, inter alia, seeking partition of the property bearing no. C-204, Anand Vihar, Delhi (hereafter 'the suit property'). It is not disputed that the suit property was a self-acquired property of late Sh. H.L. Chopra, who was the father of Dr S.K. Chopra (the plaintiff), Sh. V.N. Chopra (original defendant no.1, since deceased and replaced by legal heirs defendant nos. 1(a) to 1(d)) and late Brig. T.R. Chopra (predecessor-in-interest of defendant nos. 2 and 3). Late Sh. H.L. Chopra executed a will dated 19.01.1993 (hereafter 'the Will') bequeathing the suit property to his wife, Smt. Inder Rani Chopra (since deceased) and after the demise of himself and his wife, to his three sons, namely, the plaintiff, Sh. V.N. Chopra (since deceased) and Brig. T.R. Chopra (since deceased).

(2.) Sh. H.L. Chopra, the testator, expired on 08.04.1993. His widow, Smt. Inder Rani Chopra expired on 17/18.01.2000. His son, Brig. T.R. Chopra also expired prior to filing of the present suit (which was filed on 05.03.2012). Sh. V.N. Chopra (original defendant No.1) expired on 209.2013 and his legal heirs being defendant nos.1(a) to 1(d) were brought on record.

(3.) There is no dispute that the plaintiff, late Sh. V.N. Chopra and late Brig. T.R. Chopra became the owner of the suit property in equal proportion (?rd each). Preliminary decree to the aforesaid effect was passed on 06.04.2015. The said decree has become final and there is no controversy as to the respective shares of the said parties in the suit property. The only dispute that now remains is with respect to the partition of the suit property.