CHANDU LAL Vs. RAJENDER AND ORS.

JUDGEMENT

(1.) Suit filed by the plaintiff was dismissed by the trial Court vide judgment and decree dated 02.03.2013. Appeal preferred against the said decree failed and was accordingly dismissed vide judgment and decree dated 18.01.2014. That is how, plaintiff is before this Court in this Regular Second Appeal. Parties to the lis, hereinafter, would be referred to by their original positions in the suit. In a suit filed by plaintiff (Chandu Lal), he prayed for a decree for injunction restraining the defendants from interfering in his peaceful possession over the portion marked as EFGHID, shown in red colour in the site plan, which was a part of a residential House No. 150, Mohalla Jacubpura, Tehsil and District Gurgaon.

(2.) In short, the case set out by the plaintiff was that his father Duli Chand was the owner of the suit property i.e. a house. Post his death on 28.07.2002, plaintiff and the two defendants, being his sons, succeeded to the suit property in equal shares. Therefore, the plaintiff was the owner to the extent of 1/3rd share along with the defendants who are his real brothers. And pursuant to an oral partition between the parties, portion EFGHID had fallen to the share of the plaintiff and he is in actual, physical possession thereof. Though, he is not in possession of an area more than his share/entitlement, yet the defendants intend to dispossess the plaintiff, and thus the suit.

(3.) In defence, it was pleaded by the defendants that besides the parties to the suit, deceased late Duli Chand was also succeeded by his three other sons, two daughters and his widow. And the alleged oral partition was denied.