TERA CHAND Vs. SHANTI DEVI

JUDGEMENT

(1.) This appeal has been filed against the order dated 26-9-2012 passed by the Additional District Judge (Fast Track) No.2, Jaipur Metropolitan, Jaipur whereby the appellants-defendants (hereinafter 'the defendants') were directed to maintain status quo as obtaining on the date of the order with regard to suit property Plot No.55, Kamla Nehru Nagar, Hasanpura C, NBC Road Jaipur.

(2.) The facts of the case are that the plaintiffs-respondents (hereinafter 'the plaintiffs') filed a suit for partition and permanent injunction with regard to suit property Plot No.55, Kamla Nehru Nagar, Hasanpura C, NBC Road Jaipur. The case of plaintiffs was that the aforesaid suit property was in the ownership of Lala Ram who had four sons, Ishwar Lal, Tara Chand, Puranmal and Mahesh Kumar. It was submitted that following the death of Lala Ram the suit property under the provisions of Hindu Succession Act devolved in equal measures between his four sons including Ishwar Lal, who had since expired and whose successors and legal heirs the plaintiffs were. Yet the plaintiffs were being denied their lawful share in the suit property of late Lala Ram which was in the occupation of the defendantsthe three other sons of Lala Ram. It was prayed that consequently the suit for partition be decreed and the defendants be restrained from alienating, altering or otherwise creating third party right over the suit property. Along with suit an application under Order 39 Rules 1&2 CPC was filed by the plaintiffs.

(3.) On service of the plaint, the defendants filed a written statement denying the allegation that the suit property Plot No.55, Kamla Nehru Nagar, Hasanpura C, NBC Road Jaipur was joint family property devolving on all four sons of late Lala Ram. It was stated that under oral partition the suit property Plot No.55, Kamla Nehru Nagar, Hasanpura C, NBC Road Jaipur came to the share of defendant Mahesh Kumar. The other defendant in the suit i.e. Tara Chand and Puran Mal supported the case of the defendant Mahesh Kumar.