SURESH KUMAR AGGARWAL Vs. KISHAN KUMAR AGGARWAL

JUDGEMENT

(1.) The plaintiff, in this case, seeks a decree for partition, injunction and rendition of accounts in respect of the property being SU-218, Pitam Pura, Delhi 34. The plaintiff applicant claims one-fifth ownership rights in respect of the said property.

(2.) With the consent of learned counsel for the parties, all the pending applications being IA No.4896/1997, 10690/1998, 2111/2000, and 1547/2004 were heard together. Similarly IAs No. 1434/2001, under Order XXXIX Rules 1 and 2 and IA 4388/2001, under Order XL Rule 1 were also heard.

(3.) According to the averments, one Mr.Kanshi Ram Aggarwal had three sons, i.e. Phool Chand Aggarwal, Mahabir Prasad Aggarwal and Prahlad Rai Aggarwal. The plaintiff alleges that the property is owned by Shri Kanshi Ram Aggarwal and submits that he also owned two residential houses in Haryana at village Barwa Tehsil Siwani, District Hissar (Haryana). It is further alleged that these properties acquired the character of joint family properties. It is further alleged that during his life time, the said Kanshi Ram Aggarwal effected partition of the two residential houses.