PRADEEP NANDRAJOG, J.

( 1 ) VIDE order dated 20. 1. 2004, following issues were framed:-

1. WHETHER besides the properties mentioned in the plaint, properties being (i) No. 110/173 (Old No. 110/125), Mohalla Ram Kishan Nagar, Kanpur, (ii) no. 122/619, Shastri Nagar (Motiapurwa), Kanpur and (iii) No. A-1, Gali No. 4, Anand parbat, Delhi, are joint properties and are also liable to be partitioned?opd 4-7 2. Whether the memorandum of family settlement dated 30. 5. 1996 executed amongst the plaintiff and defendants Nos. 1,2 and 3 is admissible in evidence and if so, its effect? OPP 3. Whether the unregistered deed of family arrangement dated 10. 8. 1978 is admissible in evidence? If so, its effect? OPP 4. If aforesaid issue is answered in favour of the plaintiff, whether the same could be and was acted upon by the parties and if so, its effect? 5. Whether the plaintiff is entitled to a declaratory decree, as prayed for? opp 6. In the event of aforesaid issue is decided against the plaintiff what are the shares, if any, of the parties in the joint properties and what directions are required to be given for the purposes of partition by metes and bounds? Onus on the parties. 7. Relief.

( 2 ) PLEADINGS of the parties which necessitated framing of the issues afore- noted may be noted.

( 3 ) PEDEGREE of the parties to the suit is as under:- late Nihal Chand Suri (Died 8. 7. 1967) :late Smt. Satya Wati Suri : (wife) (Dies 16. 2. 1977) :moti Sagar suri Varsha (Defdt. 1) :sethi sudarshan mehta (Defdt. 2) :amarjeet Lal Suri (Defdt. 3) :late Devinder Nath Suri (Died 2. 10. 1995) :vimla Suri (Wife) (Defdt. 4) :anoop Suri (Son) (Defdt. 5) :rajeev Suri (Defdt. 6) :vijay Suri (Defdt. 7) :promila Bakshi (Defdt. 8)

( 4 ) AS per the plaintiff, late Sh. Nihal Chand Suri and his wife Smt. Satyawati suri died intestate and therefore the estate left behind by them was inherited by their sons and daughters in equal shares. Accordingly, the plaintiff, late Devender Nath suri (Predecessor-in-interest of defendants No. 4 to 8), Moti Sagar Suri (defendant no. 1), Smt. Varsha Sethi (defendant No. 2) and Smt. Sudarshan Mehta (Defendant no. 3) inherited the estate of their parents, each having 1/5th share in the estate.

( 5 ) PLAINT states that the properties owned by late Sh. Nihal Chand Suri and late Smt. Satyawati Suri were as under:- properties owned by late Shri Nihal Chand Suri a) property no. 111-A/230 (old plot no. 336, Block x , Scheme No. IV, ghusramau), Ashok Nagar, Kanpur built on an area measuring 150 sq. yds. b) plot no. 508/3, Block no. s , Scheme No. II, Juhi Garha, Rakhi Mandi, kanpur measuring approximately 900 sq. yds. Properties owned by late Smt. Satya Wati Suri a) plot bearing No. 6 and 7/12, measuring 311 sq. yds. Situated at c Block, kakadeo, Kanpur. b) property No. B-51, New Delhi South Extension Pt. II, New Delhi, built on a plot of 250 sq. yds. c) industrial plot no. 8, Block p , Factory Area, Kanpur, measuring about 2871 sq. yds.

( 6 ) AS per the plaint, as per an oral family settlement arrived at in the month of August 1978, the children of Nihal Chand Suri and Satyawati Suri partitioned the properties. In para 3 of the plaint, it is stated that the partition was as under:- in the said family settlement, inter alia, it was agreed that property No. B-51, New delhi South Extension Part II, New Delhi would exclusively belong to the plaintiff amarjeet Lal Suri, plot bearing No. 6and7 situated at c Block, Kakadeo, Kanpur would exclusively belong to defendant No. 1 Moti Sagar Suri, property No. 111-A/230 (old plot No. 336, Block x , Scheme No. IV, Ghusramau), Ashok Nagar, Kanpur and Plot no. 508/3, Block No. s , Scheme No. 2, Juhi Garha, Rakhi Mandi, Kanpur would exclusively belong to Shri Devinder Nath Suri and lastly industrial plot No. 8, p block, Factory Area, Kanpur would exclusively belong in the ratios to Shri Devinder nath Suri (521/2871), Amarjeet Lal Suri (900/2871), Smt. Varsha Sethi (900/2871) and Smt. Sudarshan Meht

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