POORAN KRISHNA SHARMA Vs. NITIN DAK & ORS.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner aggrieved against order dated 29.01.2015 passed by the trial court, whereby, the application filed by the petitioner under Order 6, Rule 17 CPC has been rejected.

(2.) The suit has been filed by respondent No. 1 to 4 for possession and permanent injunction against the petitioner; the suit was filed with the averments that the property in question was the joint property of Gauri Shanker and Surajmal; the said brothers executed partition deed dated 10.04.1946 wherein the suit property came to the share of Surajmal father of the petitioner and respondents No. 5 and 6; the mother of the petitioner and sisters executed a release deed dated 13.09.2011 in favour of the petitioner and respondents No. 5 and 6. Where after the property in question was transferred by the three brothers to the plaintiffs for a sum of Rs.45,000,00/- and based on the said averments, the prayer was made seeking possession of a part of the suit property which was still in possession of the petitioner.

(3.) Petitioner filed written statement wherein by reply to the averments pertaining to the partition, no specific reply was given, rather the aspect was denied for want of knowledge. However, the execution of release deed by mother and sisters was admitted, qua the sale consideration of the plot in question. It was claimed that the same was settled at Rs.95,000,00/- and only Rs.45,000,00/- were paid.