RAJ KHURANA Vs. BHAGWAN DASS

JUDGEMENT

(1.) Plaintiff filed the suit inter alia alleging that property bearing No. C-1/19, Lajpat Nagar-1, New Delhi was acquired by his grand father Goda Ram against the claims of the properties left in Pakistan. Goda Ram expired on July 1, 1961 intestate leaving behind his widow Smt. Bhagwanti Devi (defendant No.2) and three sons -Bhagat Raj Khurana, Bhagwan Dass and Hari Krishan Khurana, (defendants 1 and 3). Plaintiff is the son of Bhagat Raj Khurana, who died in 1990. He has thus 1/4th share in the aforesaid property. Defendants have refused to partition the property by.metes and bounds. It was prayed that a decree of partition in respect of the aforementioned property may be passed. By a decree of permanent injunction defendants are further sought to be restrained from disposing of the property and dispossessing the plaintiff from the portion shown in red colour in the site plan annexed with the plaint.

(2.) Alongwith the plaint I.A. 7951/95 under Order 39 Rules 1 and 2 read with Section 151 Civil Procedure Code was filed seeking to restrain the defendants from disposing of the aforesaid property and to dispossessing the plaintiff from the portion of the property in his occupation.

(3.) Yet another I.A.319/96 under Section 151 Civil Procedure Code was filed on January 8, 1996 by the plaintiff for seeking reliefs identical to that claimed in I.A.No. 7951/95. It is these two I.As. which I propose to dispose of by this order.