VIRENDER KUMAR (MINOR) Vs. MANISH KUMAR THAKUR

JUDGEMENT

(1.) The plaintiff has instituted the present suit for partition of following immovable properties :

(2.) The case of the plaintiff in the plaint, inter alia, was that his grand father Shri Babulal Thakur had left a Will dated 5th March, 1993 leaving the properties aforesaid and the plaintiff had requested the defendant for partition and the defendant had denied the partition. The plaintiff thus sued for partition and also claimed the relief of permanent injunction restraining the defendant from alienating or creating third party rights with respect to the properties of which partition was sought. The defendant is the son of the brother of the father of the plaintiff. It is admitted in the plaint itself that Shri Babu Lal Thakur, grand father of the plaintiff, had left his wife Smt Munni Devi, two sons, namely, father of the plaintiff and the father of the defendant and three daughters as his natural heirs and further that the grand mother Smt Munni Devi has also died. However, neither the sons nor the daughters of Shri Babu Lal Thakur were impleaded as party to the suit and the suit was filed against the defendant only.

(3.) The defendant filed written statement to the suit in which the defendant has admitted that Shri Babulal Thakur left the Will dated 5th March, 1993. However, the defendant pleaded that under the said Will, only the shop No. A/243, Subzi Mandi, Azadpur, Delhi had been inherited by the plaintiff and the defendant in equal share but none of the other properties of which partition was sought had devolved upon the plaintiff and the defendant and the plaintiff and the defendant were not the owners of the other properties. The defendant thus averred that the suit with respect to other properties was misconceived. On the pleadings of the parties, the following issues were framed on 9th August, 2005 :