INDRAJ @ INDER SAIN Vs. MURTI DEVI & ORS

JUDGEMENT

(1.) Late Shri Maru Mal had two sons; Shri Indraj @ Inder Sain (Plaintiff) and Shri Om Prakash - who is since deceased. The Plaintiff filed a suit for partition, rendition of accounts and prohibitory injunction against the wife and four sons (Defendants) of his brother - Sh. Om Prakash. The Plaintiff prayed for partition of property bearing Municipal No.3452, out of Khasra No. 2973/2315, Gali No.3, R-block, Rehgarpura, admeasuring 100 square yards (suit property). The Plaintiff claimed that he is the owner of half share of the property and prayed for partition and division by metes and bounds. He also prayed for rendition of accounts and a prohibitory injunction.

(2.) The suit was dismissed by the Trial Court vide judgment dated 13th July, 2015. The present appeal has been preferred impugning the said judgment.

(3.) The case of the Plaintiff is that his father, Shri Maru Mal had purchased the suit property and got the same initially constructed. Later on, he and his brother, Shri Om Prakash, had further raised construction and at present the property is a three-storey building. According to the Plaintiff Shri Maru Mal died intestateleaving behind his two sons, i.e., the Plaintiff and late Shri Om Prakash, as his only legal heirs. He, therefore, claimed that he had half share of the property.