DEWAN KAUR Vs. SAVITRI DEVI

JUDGEMENT

(1.) THIS Regular First Appeal has been filed by Smt. Dewan Kaur and her son Sh. Om Prakash, the Appellants ( who were defendants No. 2 and 4 in the trial court) against the judgment and preliminary decree dated 12th September 2001 in suit No. 351/90 passed by the Additional District Judge, Delhi, in a suit for partition and possession of the suit property bearing No. 29, Chirag Delhi, New delhi, (hereinafter referred to as the "suit property") filed against the appellants impleading her mother Smt. Parwati Devi (defendant no. 1 in the suit)and her other sister Smt. Bharpai who is respondent No. 2 (defendant No. 3 in the suit ).

(2.) THE learned trial court by the said judgment and decree has held that the Appellant No. 1 and Respondents No. 1 and 2 have each 1/3rd undivided share in the suit property and passed a preliminary decree appointing a Local commissioner for suggesting the ways and means of partitioning the property by metes and bounds.

(3.) THE brief facts are that the Appellant No. 1 and Respondents are real sisters who were all daughters of Late Sh. Shiv Chand. The suit property in dispute belonged to great grand father of the parties Sh. Raj Mal.