SMT. SANTOSH AND ANOTHER Vs. NISHEET RAI WAHI

JUDGEMENT

(1.) SUIT has been filed by respondent -plaintiff Nisheet Rai Wahi against his mother and brother Santosh and Anuj Rai Wahi -petitioners as defendants. Plaintiffs case is that the suit house was owned by his father L.R. Wahi (since deceased) and accordingly, the plaintiff and both the defendants inherited the house in equal shares i.e. 1/3rd share each. The plaintiff has sought partition of the suit house.

(2.) CASE of the defendants is that the house was purchased by National Paints Ltd. through Mr. L.R. Wahi as Director Incharge/Managing Director and was asset of the said Company.

(3.) IT may be mentioned that part of the suit property had been sold before filing of the suit, vide sale deed dated 12.02.2008 to one Ashok Sharma, who was ordered to be impleaded as defendant no. 2 to the suit, vide order dated 17.03.2010 (Annexure R -1). However, Ashok Sharma is not party to the instant revision petition and was also not party before the lower appellate court. Counsel for the petitioners stated that name of Ashok Sharma was deleted from the array of defendants subsequently because he had transferred portion purchased by him to defendant no. 2.