NAND RAM Vs. KANWAL SINGH

JUDGEMENT

(1.) The Plaintiff - Sh. Nand Ram has filed the present suit for partition against his two brothers, Defendant Nos. 1 and 2 - Sh. Kanwal Singh and Sh. Suraj Bhan, respectively. All three parties are the sons of late Sh. Bharat Singh, who died in 1979. Brief Facts

(2.) The case of the Plaintiff, in brief, is that his father - Sh. Bharat Singh was survived by his three sons, three daughters and his wife - Smt. Nahar Kaur. The three daughters of Sh. Bharat Singh had been married in the early 1970s. In 1971, Defendant No. 2 - Sh. Bharat Singh's oldest son, Sh. Suraj Bhan demanded separation in mess and estate and received Plot No. 151, New Manglapuri, Mehrauli, M.G. Road, New Delhi ? 110030, admeasuring 150 sq. yds. i.e., 1/3rd of the joint family's immovable property. In the year 1979, another property being Plot No. 88, New Manglapuri, Mehrauli, M.G. Road, New Delhi ? 110030 (hereinafter, "Plot No. 88"), admeasuring 175 sq. yds. was, according to the Plaintiff, purchased from joint family funds in the name of his wife - Smt. Murti Devi.

(3.) Notional partition is then stated to have taken place in 1979, upon the death of Sh. Bharat Singh. The case of the Plaintiff is that 1/3 rd share each of the joint family property devolved upon Sh. Bharat Singh's widow - Smt. Nahar Kaur, the Plaintiff ? Sh. Nand Ram and Defendant No. 1 - Sh. Kanwal Singh. Defendant No.2 - Sh. Suraj Bhan did not have any share as he had already taken his share in the partition which took place in 1971. Disputes between the parties began at this stage.