SANDEEP JAIN Vs. SURESH CHANDRA JAIN

JUDGEMENT

(1.) The plaintiff had filed a Suit No. 619 of 1997 against the defendant-respondents for declaration of ownership and title as well as injunction in respect of the suit property one of which is situated at Muzaffarnagar and the other at Delhi on the basis of a Will executed on 21st June. 1994 by late Srnt. Vimla Jain. The defendants had admitted the claim of the plaintiff in the written statement and as well as the Will as genuine. In this appeal, an affidavit has been filed on behalf of the defendants to the extent that they are not disputing the ownership of the plaintiff and are agreeable that the property in his possession may be retained by him. The learned counsel for the respondents Mr. Ravi Agarwal submits that Delhi property is in the possession of the plaintiff while the plaintiff has l/5th share in the Muzaffarnagar property in respect whereof the defendants-respondents have no objection.

(2.) The learned counsel for the appellant Mr. M. C. Gupta submits that the trial court had decreed the suit in part only in respect of the Muzaffarnagar property declaring 1/5th share in the said property and excluded the property at Delhi on the ground that the Court did not have any jurisdiction over the said property though however, no issue as to jurisdiction was ever framed. In such circumstances, according to him, the suit should have been decreed fully.

(3.) After having heard both the counsel for the parties, it appears that the suit should have been decreed on admission.