MOHINDER SINGH Vs. KARTAR SINGH

JUDGEMENT

(1.) THE original suit bearing Suit No. 758/2001 was filed by the appellant, mohinder Singh, against the respondents for the partition of his alleged 1/4th share in the property bearing Municipal No. WZ-2, Mohalla Krishan Nagar, sahibpura, Tilak Nagar, New Delhi (hereinafter referred to as the "suit property") and also for rendition of accounts of rent received and realized by the respondents from the tenants of the shops in the suit property.

(2.) THE case set up by the appellant in the plaint was that Late Smt. Attar kaur (hereinafter referred to as the "deceased") who was the owner of the suit property died intestate on 13. 08. 84 leaving behind her husband, respondent No. 1, and three sons, appellant and respondents No. 2 and 3 as her legal heirs. That since the deceased died intestate, the appellant being son of the deceased, is entitled to 1/4th share in the suit property as per the provisions of the Hindu succession Act, 1956.

(3.) THE respondents No. 1 and 3 contested the suit by filing separate written statements. Respondent No. 2 chose not to contest the suit and thus was proceeded ex-parte by the learned Trial Court.