ANIL KAPOOR Vs. KAMAL KAPOOR AND OTHERS

JUDGEMENT

(1.) - This second appeal has been filed by Anil Kapoor-plaintiff against the concurrent judgments of Courts below whereby his suit seeking relief of separate possession by way of partition of suit property and for permanent injunction restraining the defendants from alienating specific portion more than their share in the property in question without partition was dismissed.

(2.) In later part of the judgment parties will be referred to as 'plaintiff' and 'defendants' as per civil suit.

(3.) Plaintiff's case, in brief, is that the suit property, as fully described in the headnote of plaint, was originally owned by Ramji Dass Kapoor, father of parties to suit. He died on 13.11.1978 leaving behind plaintiff, defendants and his wife Madalsa Kapoor. After the death of Ramji Dass Kapoor, plaintiff and defendants surrendered their rights in suit property in favour of their mother Madalsa Kapoor who became owner of the suit property. Madalsa Kapoor died in the year 1992 and after her death, plaintiff and defendants being her only legal heirs inherited the property in dispute in equal shares. As plaintiff was not getting proper fruits of his share in the suit property he sought separation of the same by way of partition.