SWARUPI DEVI AND ORS Vs. SURESH NAGAR

JUDGEMENT

(1.) This Regular First Appeal under Sec. 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendants in the suit impugning the Judgment of the trial court dated 15.03.2013 by which the trial court has decreed the suit filed by the respondent/plaintiff for partition of the suit property bearing no. 495, Block-A, Ganesh Nagar, Shakarpur, Delhi-110092. The respondent/plaintiff is the son of the appellant no.1/defendant no.1. Appellant no.2/defendant no.2 is the brother of the respondent/plaintiff and appellant no.3/defendant no.3 is the sister of the respondent/plaintiff. The suit property for which partition is sought was the property of Sh. Sauda Ram, the father of the respondent/plaintiff and the husband of the appellant no.1/defendant no.1. Appellants no. 2 and 3/defendants no. 2 and 3 are the other son and daughter of Late Sh. Sauda Ram.

(2.) The respondent/plaintiff pleaded that his father, Sh. Sauda Ram, was the owner of the suit property and the father, Sh. Sauda Ram, died intestate in 1996 leaving behind four legal heirs who were parties to the suit. The respondent/plaintiff therefore sought the decree of partition claiming 1/4th share in the suit property.

(3.) The appellants/defendants contested the suit and denied that the respondent/plaintiff was the son of Sh. Sauda Ram as it was pleaded that the respondent/plaintiff, who was the natural son of Sh. Sauda Ram, was adopted by Sh. Khila Ram the elder brother of Sh. Sauda Ram in the year 1958.