DINESH KUMAR SHARMA Vs. SUDHIR KUMAR & ORS.

JUDGEMENT

(1.) Exemption allowed subject to just exceptions. C.M. stands disposed of. RFA No.287/2018

(2.) This Regular First Appeal is filed under Section 96 of Code of Civil Procedure, 1908 (CPC) by the plaintiff in the suit impugning the judgment of the trial court dated 15.4.2017 by which the trial court has dismissed the suit for partition and injunction filed by the appellant/plaintiff. The suit properties are the properties situated on a plot of 3660 sq. yards in Khasra no. 146 of village Burari, Delhi and a plot of 220 sq. yards in the same village. Appellant/plaintiff claims to be the adopted son of Smt. Bohati Devi after the death of her husband Sh. Laxmi Narain. Smt. Bohati Devi was the wife of Sh. Laxmi Narain and Sh. Laxmi Narain was the son of Sh. Devki Nandan with Sh. Devki Nandan being the son of Sh. Brahma Nand, the original owner of the suit property.

(3.) The suit was contested by the respondents/defendants by taking up two defences. Firstly, it was pleaded that in terms of the oral partition of the year 1967 Smt. Bohati Devi had already received her share in the suit property and the second defence was that appellant/plaintiff was never adopted by Smt. Bohati Devi.