SHAILESH KUMAR Vs. MRS. SANDHYA GUPTA AND ORS.

JUDGEMENT

(1.) Shailesh Kumar son of Piara Lal r/o 13 -B, Model Town. Yamunanagar instituted suit for declaration to the effect that he is owner in possession of House No. 13 -B, Model Town, Yamunanagar as described in the heading of the plaint against his sisters S/Smt. Sadhya Gupta, Abha Gupta and Anurag Gupta, on the allegations, that earlier, Smt. Bimla Gupta was owner of this property. She died on 28.7.1996, leaving this property and the plaintiff and the defendants as her legal heirs. Plaintiff and the defendants are the children of Smt. Bimla Gupta. A family settlement took place between the parties. As per that the family settlement, property in suit described in the heading of the plaint came to the exclusive share of the plaintiff. Possession of the disputed property was handed over to him and since then, he has been in possession of the property in suit as its exclusive owner. Defendants were called upon to cooperate with him and act in a manner that the property in suit was recorded in his name in the record.

(2.) Defendants filed written statement admitting the claim of the plaintiff.

(3.) Vide order dated 13.9.1997, Civil Judge (Jr. Division), Jagadhri dismissed the plaintiffs suit on the view, relying upon Bhoop Singh v/s. Ram Singh that the property in suit had been inherited by the parties who are brother and sisters, from their mother and as such it was not ancestral/coparcenary property, in which plaintiff could be said to have pre -existing right and regarding which family settlement could be arrived at.