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2003 Supreme(Del) 331

VIKRAMAJIT SEN
MASTER PULKIT – Appellant
Versus
KAMLESH – Respondent


Advocates Appeared:
C.J.Gupta, D.K.RUSTOGI

VIKRAMAJIT SEN, J.

( 1 ) THIS Suit for partition and rendition of accounts has been filed on behalf of Master Pulkit through his mother and natural guardian, Smt. Neeta, wife of Shri Satish Kumar who has been impleaded as Defendant No. 10. In the Plaint it has been stated that late Shri Bodh Raj Bhola, the great grandfather of the Plaintiff, died on 1. 6. 1995 at Delhi. In paragraph 2 of the Plaint it has been averred that the "deceased left behind in Pakistan lot of housing accommodation and accordingly as per law, as was prevalent then, filed various claims with the Ministry of Rehabilitation and the said Ministry of Rehabilitation accepted the claims of the deceased in full. The claims were utilised for the purchase of property at Kalkaji". It is the case of the Plaintiff that from the sale of the Kalkaji house the suit property, bearing No. 8/6, W. E. A. , Karol Bagh, New Delhi has been purchased. Learned counsel for Defendant No. 3 has pointedly drawn attention to the absence of any statement in the Plaint that the property left behind in Pakistan was an ancestral property in the hands of late Shri Bodh Raj Bhola. Learned counsel for the Plaintiff has been unable to show me an











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