MOHINDER KUMAR Vs. DIN DAYAL

JUDGEMENT

(1.) The controversy here is amongst brothers and it pertains to partition of a residential house founded upon the plaintiff's plea of ownership therein, but denied by the Defendant-Din Dayal.

(2.) In giving the factual background, it would be pertinent to bear in mind the following pedigree-table :-

(3.) Before the sanction of the mutation exhibit D/3, Ram Singh, Karam Chand and Din Dayal made an application to the Municipal Committee, Gurgaon on March 10, 1937 (Annexure P/8) seeking sanction for the building plans annexed therewith. The plans submitted were later sanctioned and in accordance with these plans, the brothers constructed their houses, on this land. The present suit came to be filed on December 15, 1977 by the legal heirs of Ravi Dutt seeking partition of the residence constructed by the third brother Din Dayal on the plea that in this portion, Shiv Dutt, Ravi Dutt and Din Dyal had equal shares therein. Shiv Dutt having died in 1951, they were thus entitled to half share in this house. The other half share being that of Din Dyal.