RAJ PRAKASH NAYYAR Vs. OM PARKASH NAYYAR

JUDGEMENT

(1.) Caveat No. 681/2018 in RFA 600/2018

(2.) 2(I) The undisputed position which emerges on record is that the suit property was allotted in the joint names of the father Sh. Om Prakash Nayyar and the son Sh. Raj Kumar Nayyar. The father Sh. Om Prakash Nayyar however had claimed that he had purchased the entire property by making payment through cheques to the Varun Vihar Cooperative Group Housing Society and possession was given to the father Sh. Om Prakash Nayyar on 25.6.1991. I may note that the impugned judgment passes a decree for partition giving half share to the father Sh. Om Prakash Nayyar and half share to the appellant herein Sh. Raj Kumar Nayyar in view of the fact that as per the record the suit property is in the joint names of the father Sh. Om Prakash Nayyar and the appellant/Sh. Raj Kumar Nayyar.

(3.) The appellant contested the suit for partition filed by the father Sh. Om Prakash Nayyar and pleaded that actually he had paid all the monies with respect to the allotment and maintenance of the Flat. It was further pleaded by the appellant that he spent about Rs. 70,000/- for renovation of the Flat between 1991 to 1999 and he had been paying electricity and water charges etc. It was also pleaded by the appellant that through cheques he repaid the loan of Rs. 43,000/- taken by his father from Varun Vihar Cooperative Group Housing Society. The registered Will Ex.PW2/D2 in favour of Sh. Ajay Dhani was pleaded to be a forged and fabricated document.