YOGESH GUPTA & ANOTHER Vs. PREM CHAND SAINI

JUDGEMENT

(1.) The present regular second appeal has been preferred against the judgment and decree dated 16.03.2015 passed by learned Additional District Judge, Gurgaon, vide which the appeal preferred by the appellants-plaintiffs against the judgment and decree dated 30.04.2014, passed by learned Civil Judge (Junior Division), Gurgaon was dismissed.

(2.) As per the case of the plaintiffs-appellants, they are the son and daughter, respectively of alienor Suresh Chand Gupta. They claimed themselves to be descendents of Suresh Chand Gupta. Said Suresh Chand Gupta has alienated the shop comprised in rectangle No.508/2 Min measuring 16.88 square yards (162 square feet) comprising in Khasra No.13426/4246/1767, 13428/4246/1767 situated at Gurgaon Mehrauli Road, Gurgaon, vide registered sale deed dated 17.10.2008.

(3.) The defendant contested the suit on the grounds inter alia that the shop in dispute was not the co-parcenary and ancestral property.