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2013 Supreme(Del) 1551

S.RAVINDRA BHAT, NAJMI WAZIRI
Gajinder Pal Singh – Appellant
Versus
Mehtab Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Ms. Mala Goel, Advocate.
For the Respondents:P.R. Chopra, Advocate.

Judgment :

S. Ravindra Bhat, J.

1. This is an unsuccessful plaintiff’s appeal directed against the dismissal of his partition suit by a judgment and decree - of 9th July, 2012 - of a learned single judge of this Court in CS (OS) 374/1993. The suit had sought partition of two immovable properties, viz., B-13, Nizamuddin East (a 200 sq. yard plot with a two storeyed super-structure) and B- 22, East of Kailash, New Delhi (a 211 sq. yards plot along with two and a half storeyed super-structure). The said properties are hereafter collectively referred to as “suit properties” and individually, as “Nizamuddin plot” and “East of Kailash plot”.

2. Prof. Parman Singh, a “displaced person” from Pakistan, came to India leaving behind considerable Joint Hindu family immovable properties. He was the only surviving child of his father Lala Behari Mal, a businessman with extensive properties in Rawalpindi (Pakistan). Prof. Parman Singh expired in Delhi on 17.09.1975. He was survived by his widow and two sons (i.e., Mehtab Singh, the first defendant and the second defendant) and grandsons (i.e., the plaintiff, the third and fourth defendants). Parman Singh’s widow, namely, Smt. Balwant Kaur too ex























































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