RAKESH JAIN Vs. ARUN KUMAR

JUDGEMENT

(1.) This appeal is preferred by the appellants against the judgment and decree dated 12.03.2010 passed by the learned Additional District Judge- 1/West District, Tis Hazari Courts, Delhi (hereinafter referred as the learned 'Trial Court') in CS No.89/2009 (Old No.576/1979) whereby the suit for partition filed by respondents No.2 and 3 was decreed in respect of premises bearing Nos.4504, 4505, 4505/1 and 4494 Pahari Dheeraj, Sadar Bazar, Delhi (hereinafter referred as the 'suit property').

(2.) Before coming to the facts of the case, it is would appropriate to look at the family tree of Hargu Lal, as under:-

(3.) The admitted facts of the case are Hargu Lal had three sons namely Sardari Mal, Mittar Sen, and Sultan Singh. Hargu Lal died in the year 1918 but this suit was filed in March, 1979 i.e. after 66 years of the death of Hargu Lal. The learned counsel for the appellant alleges the three brothers namely Sardari lal, Mitter Sen and Sultan Singh so long as they were alive, they never asked for partition and it is was only after their death(s), their legal heirs started fighting and came in the court for partition.