HITESH KAKKAR Vs. SANJAY KAKKAR & ANR

JUDGEMENT

(1.) This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the plaintiff in the suit impugning the Judgment of the Trial Court dated 7.12.2017 by which trial court has dismissed the suit for partition, possession, rendition of accounts and injunction filed by the appellant/plaintiff with respect to the suit property being plot no.49, Block-A, part of Killa No.10, Rect. No.35 situated in the abadi known as Radhey Sham Park Extn. of village Khureji Khas, Shahdara, Delhi-110051 (admeasuring 100 sq yds.). The appellant/plaintiff is the nephew of two defendants in the suit i.e the two defendants in the suit are the brothers of late father of the appellant/plaintiff and who was Sh. Tilak Raj Kakkar.

(2.) At the outset, I may note that the defendants appeared in the suit originally after service but thereafter they failed to appear and hence were proceeded exparte. This is recorded in para 4 of the impugned judgment and which para 4 reads as under:-

(3.) The case of the appellant/plaintiff was that his father Sh. Tilak Raj Kakkar alongwith the two defendants/respondents purchased the suit property in terms of the usual documentation dated 9.2.1987 being the Agreement to Sell, Power of Attorney, Affidavit etc. These documents clearly show joint ownership of the father of the appellant/plaintiff Sh. Tilak Raj Kakkar with two defendants being Sh. Sanjay Kumar Kakkar and Sh. Sushil Kumar Kakkar. In the plaint it is contended that after death of the father of the appellant/plaintiff, his mother remarried and the appellant/plaintiff was thereafter living with his maternal grandparents. The appellant/plaintiff asked the respondents/defendants to partition the suit property but they failed to do so and hence the subject suit came to be filed.