I K MEHRA Vs. WAZIR CHAND MEHRA

JUDGEMENT

(1.) This order shall dispose of I.A. 4497/ 1995 filed by the plaintiff against the defendants under Order 39 Rules 1 & 2 of the Code of Civil Procedure praying for restraining the defendants No. 5 to 9, their agents and employees from conveying, transferring, alienating and/or encumbering or dealing with the suit property in any manner till the disposal of the suit.

(2.) The plaintiff instituted the suit against the defendants for declaration claiming l/5th share in the suit property and also for claiming partition of the suit property by metes and bounds in accordance with the shares of the parties and allot to the plaintiff his share in severality as also for a declaration that defendants No. 5 to 9 have no right, title or interest in the suit property and to surrender possession to the undivided co-owners of the suit property.

(3.) The plaintiff is the son of defendant No. 1 and he is claiming 1/4th share, although during the course of arguments in the present application, the plaintiff claimed 1 /5th share in the suit property. Defendants No. 2 & 3 are the other two sons of defendant No. 1, defendant No. 4 being the daughter of defendant No. 1. The defendant No. 1 as owner in respect of the suit property entered into an agreement to sell with the defendants No. 5 to 9 and others and also received substantial consideration and in pursuance of the said Agreement to Sell handed over possession of the suit property to the said defendants 5 to 9.