LAWS(DLH)-2009-2-62

SHAMBHU DAYAL Vs. MAAN SINGH

Decided On February 25, 2009
SHAMBHU DAYAL Appellant
V/S
MAAN SINGH Respondents

JUDGEMENT

(1.) THIS suit for partition and permanent injunction has been filed by the plaintiff against his brothers and sisters in respect of the property of his father being House No. 16/628-E, situated at Tank Road, Bapa Nagar, Karol Bagh, New Delhi-110005 constructed on a plot of about 100 sq. yards.

(2.) THE plaintiff has contended that Shri Umrao Singh was the owner of the suit property and he died on 30th January, 1982 leaving behind plaintiff and defendants No. 1 to 8 as his legal representatives. Defendants No. 1 to 6 are the brothers of plaintiff and defendants No. 7 and 8 are the married sisters. According to the plaintiff, he is residing in the suit property along with other defendants. The plaintiff has asserted that the mother of the plaintiff and defendants had pre-deceased their father Shri Umrao Singh who had died on 30th January, 1982.

(3.) THE defendants No. 7 and 8 are stated to be residing separately with their husbands in their matrimonial homes. The plaintiff has also contended that he is in possession of one room in the property in dispute which was locked by him after he moved to House No. F-1/431, Sultanpuri, Delhi, which plot was allotted in the name of his wife and on which a house was constructed by the plaintiff.