SUBODH JAIN Vs. SUBHASH CHAND JAIN & ORS

JUDGEMENT

(1.) I.As.24358/2015 (u/O VII Rule 11 CPC) & 4767/2017 (u/O VI Rule 17 CPC)

(2.) Late Shri Jagmender Dass Jain had two sons namely Shri Sukhbir Chand Jain. The Plaintiff Sh. Subodh Jain is the son of Late Shri Sukhbir Singh Jain and the Defendant No.1- Sh. Subhash Chand Jain is the son of Late Shri Prem Chand Jain. The Defendant Nos.2 to 4 are the subsequent purchasers of one shop situated on the ground floor of the Qutub Road property. The claim of the Plaintiff is that his grandfather had executed a Will dated 26th March, 1991 in respect of both the properties. As per the said will, the life interest was bequeathed in favour of his two sons, i.e., the fathers of the Plaintiff and the Defendant No.1 and thereafter the properties were to devolve upon the two grandsons. On the basis of the said Will, the Plaintiff claimed that he is co-owner of the two properties. The following reliefs were prayed in the plaint.

(3.) Initially, summons were issued in the suit after recording the Plaintiff's statement on oath under Order X CPC wherein he stated as under: