MOHAN BEHARI MATHUR Vs. GOPAL KISHAN

JUDGEMENT

(1.) THE plaintiff has filed the suit for relief of partition in respect of property bearing No. C-6, Dr. Lane, Gole Market, New Delhi.

(2.) THE plaintiffs have claimed l/5th share each in both the properties being the successor of late Sh. Atal Behari Lal. The present application has been filed by the defendant No. 1 under order 6 Rule 17cpc for amendment of the written statement.

(3.) IT is stated in the application that both the properties were owned by one Sh. Ganesh Sahai father of Sh. Atal Behari Lal. It is stated that after the demise of Sh. Ganesh Sahai, his son Atal Behari Lal became the sole owner in respect of the suit property. Sh. Atal Behari Lal died in-testate on 14th March, 1972. The suit properties devolved upon his legal heirs in equal share being the co-owners thereof. The wife of Late Sh. Atal Behari Lal, Smt. Shakuntala Rani was impleaded as defendant No. 2 in the suit who expired during the pendency of the suit on 29th October, 2004 leaving behind her last registered Will and Testament dated 22nd July, 2003 in favour of defendant No. 1. The said fact was brought to the notice of this court by intimation under Order 22 Rule 10a CPC on 4th November 2004.