(August 31, 2001) 2001 (TLS)125858

2002-DLT-95-115 :: 2002-AD (Del)-4-627

KEWAL KRISHAN MAYOR Vs. KAILASH CHAND MAYOR

DEVINDER GUPTA

( 1 ) THESE two first appeals arise out of the judgment and decree passed on 27/5/1976 by learned single Judge of this Court partly decreeing the suit of plaintiff. RFA (OS) 31/76 is by the plaintiff Dr. Kewal krishan Mayor and RFA (OS) 37/76 is by defendant No. 1 kailash Chand Mayor. Bal Mukand Mayor s/o Dina Nath had three sons

( 2 ) AND two daughters, namely, Brahm Dutt, Dr. Kewal Krishan (plaintiff) and Kailash Chand (defendant No. 1), (sons); brahm Wati and Raj Kumari (defendants 2 and 3), (daughters ). Lal Devi wife of Bal Mukand died on 9/11/1965. His eldest son Brahm Dutt also expired on 14/6/1969. Brahm Dutt is survived by his widow Smt. Prakash Mayor and two children, namely, Anil and Neelam (defendants 4 to 6 ). Bal Mukand died on 27/6/1973.

( 3 ) ON 30/11/1973 Dr. Kewal Krishan (hereinafter referred to as the plaintiff) filed a suit claiming a decree for partition of the property left by Shri Bal mukand. Kailash Chand Mayor was impleaded as defendant no. 1. Brahm Wati and Raj Kumari were impleaded as defendants 2 and 3 and the