ANIL JAIN Vs. MOHINDER KUMAR JAIN

JUDGEMENT

(1.) Exemption allowed subject to just exceptions.

(2.) This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) by the plaintiffs in the suit impugning the judgment of the Trial Court dated 31.1.2018 by which trial court has dismissed the suit for partition filed by the appellants/plaintiffs with respect to the suit property bearing no.22, Arihant Nagar, Punjabi Bagh West, New Delhi situated on a plot of 223.61 sq. yards.

(3.) As per the suit plaint, Sh. Shiv Charan Lal Jain and Sh. Kartar Chand Jain were real brothers. Appellants/plaintiffs and respondent no.8/defendant no.8 are Class I legal heirs of late Sh. Shiv Charan Lal Jain. Respondent nos. 1 to 7/defendant nos.1 to 7 in the suit are the legal heirs/children of Sh. Kartar Chand Jain. Sh. Shiv Charan Lal Jain was pleaded to be the absolute owner of the suit property by virtue of a Perpetual Sub-Lease Deed dated 23.5.1983 executed in his favour by the superior lessor/Delhi Development Authority (DDA). It was pleaded that it was Sh. Shiv Charan Lal Jain who had paid the entire consideration to the DDA for purchase of the suit property and that the suit property was also constructed by late Sh. Shiv Charan Lal Jain. Sh. Shiv Charan Lal Jain expired on 15.12.2009 and Sh. Kartar Chand Jain expired on 2.4.2007. It is further pleaded in the plaint that during his lifetime, Sh. Shiv Charan Lal Jain executed a registered Will dated 5.7.2006 whereby the parties to the suit had become owners of those shares as stated in the Will dated 5.7.2006. The appellants/plaintiffs pleaded that in spite of repeated requests to partition the suit property as per the last Will dated 5.7.2006 of Sh. Shiv Charan Lal Jain, respondents/defendants refused to do so and hence the subject suit was filed.