SATYANARAYAN GOYAL Vs. PUKHRAJ GOYAL

JUDGEMENT

(1.) These appeals are directed against judgment and decree dated 07.01.2009 passed by the Additional District Judge (Fast Track) No.3, Jodhpur, whereby the suit filed by Pukhraj for partition, possession and accounts, has been partly decreed and a preliminary decree has been passed declaring that the plaintiff- Pukhraj and defendant-Satyanarayan had half share each in the property situated at Jodhpur and plaintiff has 1/4 th share and defendant has 3/4th share in the strip land situated in front of the house, for which the plaintiff was entitled for partition by metes and bounds. Further, the suit to the extent of partition of property situated at Bikaner and for accounts, was rejected.

(2.) The plaintiff-Pukhraj filed a suit, inter alia, with the submissions that the parties to the suit were brothers, both were residing at house situated at Jodhpur. The plaintiff was elder brother and the defendant was younger. At the time of filing of the suit, the plaintiff was serving with the Maleria Department since 15.06.1973 and the defendant was engaged in the profession as a Lawyer. Father of the parties Sh. Bachhraj Ji died in the year 1977 and the mother Smt. Chhota Devi died in the year 1987.

(3.) It was claimed that Sh. Bachhraj Ji had acquired properties at Jodhpur alongwith his wife and in front of the house, strip land was purchased by the mother. Another property at Bikaner was purchased by Sh. Bachhraj Ji in a public auction. Sh. Bachhraj Ji had six sons and six daughters. For both the immovable properties and other movable properties, Sh. Bachhraj Ji executed a registered Will and bequeathed the properties to his wife Smt. Chhota Devi, who on death of Sh. Bachhraj Ji became owner of the properties. Smt. Chhota Devi by her registered Will dated 29.09.1981 bequeathed both immovable and movable properties to plaintiff and defendant equally. It is claimed that all the documents pertaining to the house, bank accounts remained with the defendant. It is claimed that in the Will, expenses of marriage of any sons or daughters were kept lien on the property situated at Bikaner. None of the other children were given any share in the property.