HARJIT SINGH Vs. SURENDER SINGH

JUDGEMENT

(1.) Exemption allowed subject to just exceptions.

(2.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellants, the legal heirs of the original plaintiff Sh. Harjit Singh and who were substituted legal heirs of the plaintiff Sh. Harjit Singh during the pendency of the suit, impugning the judgment of the Trial Court dated 12.9.2017 by which the trial court has dismissed the suit filed by the appellants for partition of the suit property bearing no. 3425/IX, Gali Mahabir, Gandhi Nagar, Delhi situated on a plot admeasuring 100 sq. yds.

(3.) The facts of the case are that the appellants/plaintiff pleaded that the mother of the parties late Smt. Gurbachan Kaur was the owner of the suit property having purchased the same in terms of the sale deed dated 4.9.1962. As per the appellants/plaintiff the mother Smt. Gurbachan Kuar expired intestate on 23.9.1994. The husband of late Smt. Gurbachan Kaur, father of the parties, also subsequently expired on 14.7.1998 intestate. Therefore there remained a total of four legal heirs of late Smt. Gurbachan Kaur being three sons and one daughter. One son Sh. Harjit Singh was the plaintiff in the suit with another son Sh. Surinder Singh being the defendant no.1. The third son Sh. Sukhwant Singh was defendant no.3 and the daughter Smt. Jasbir Kaur Manchanda was defendant no.2 in the suit.