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2006 Supreme(Del) 56

SWATANTER KUMAR
SONU JAIN – Appellant
Versus
ROHIT GARG – Respondent


SWATANTER KUMAR,J.

( 1 ) 5the plaintiff has filed a suit for partition of properties and rendition of accounts as stated in paragraph 5 of the plaint against the defendants. It is the case of the plaintiff that she is the daughter of Shri Ram Kishan Garg (deceased), while defendant No. 1 is the son, defendant No. 2 is the widow and defendant no. 3 is the daughter of the deceased. He died intestate on 18. 9. 1988 at Delhi leaving behind the movable and immovable properties as stated in paragraph 5 of the plaint. It is the case of the plaintiff that she is entitled to one fourth share in all the properties and thus, is also entitled to that share in the income from the said properties for all the years as the defendants have to come forward and divide the properties equally among all the heirs of the deceased father of the plaintiff. She had even written letters to them on 06. 01. 2005 and 18. 01. 2005 but of no consequence. The conduct of the defendants compelled her to file the present suit for partition and rendition of accounts.

( 2 ) THE suit was contested by the defendants. They have filed different written statements. In the written statements, they have raised various prelimi






















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