RAMESH KUMAR Vs. KISHORI LAL & ORS

JUDGEMENT

(1.) The Plaintiff, Shri Ramesh Kumar has filed the present suit for partition against his brother Shri Kishori Lal, his sister Smt. Asharfi, his brother, Shri Pyare Lal and the LRs of his third brother, late Shri Babulal.

(2.) Late Shri Khacheru Ram was the owner of House No. 18, Gali No.l, Harijan Basti, Sadat Pur, Delhi-110094 measuring 300 square yards out of Khasra No.1397/781,782 situated at Village Karawal Nagar, Delhi-110094. Shri Khacheru Ram died intestate in 1988 and his wife Smt. Shukko also passed away intestate. They had four children, Smt. Asharfi, the eldest daughter and four sons, Shri Pyarelal, Shri Babulal, Shri Kishori Lal and the Plaintiff, Shri Ramesh Kumar. Shri Babulal has also passed away and his LRs are Defendant Nos.4 to 11.

(3.) The suit was filed, and was first listed on 8th September, 2014 on which date, status quo was directed to be maintained in respect of title and possession. Defendant No.1 thereafter filed his written statement and took the stand that Shri Pyare Lal i.e. Defendant No.3 had sold away his part of the property 6-7 years ago. Thus, only 217.52 square yards of the property was remaining in the possession of Defendant No.1. It is further pleaded that the Plaintiff was paid a sum of Rs.55,000/- sometime in 1984-85 by which Defendant No.1 purchased Plaintiff's share of the property. After the said purchase took place, the Plaintiff moved to Kurukshetra in 1994. Hence, it is the case of the Defendants that the Plaintiff has no share in the suit property.