MASTER NEEL DAYAL Vs. SOMESHWAR DAYAL

JUDGEMENT

(1.) The three plaintiffs seek partition of E-27, Poorvi Marg, Vasant Vihar, New Delhi with ancillary reliefs, pleading

(2.) The plaintiffs, in addition to the reliefs of partition and rendition of accounts, have also claimed the relief of permanent injunction restraining the defendants from selling, alienating or parting with possession of the property.

(3.) The suit came up first on 6th April, 2016 when the counsel for the plaintiffs sought time to amend the plaint. The amended plaint as aforesaid was filed and taken on record on 7th Sept., 2016. It was however enquired from the counsel for the plaintiffs on that date that it being not the case of the plaintiffs that there was any co-parcenary in existence since prior to the coming into force of the Hindu Succession Act, 1956 and it being also not the case of the plaintiffs that the property in the hands of Shri Jagdishwar Dayal was ancestral or co-parcenary property, on what basis it is contended that the property was of a HUF or of a joint Hindu family and in which the plaintiffs no.1&2 by birth got a share.