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2015 Supreme(Del) 4310

HIMA KOHLI
Harvinder Pal Singh – Appellant
Versus
Laj Pal Singh – Respondent


Advocates:
For the Plaintiff :Mr. Rajan Chaudhary, Advocate.
For the Defendants :Mr. Manish Bhasin, Advocate.

JUDGMENT :

1. The present suit has been instituted by the plaintiff praying inter alia for seeking partition of and for determining his share in premises No. 142, Anand Vihar, near Saraswati Vihar, Pitampura, Delhi.

2. As per the averments made in the plaint, Shri Harjinder Singh, grandfather of the plaintiff and father of the defendant No. 1, had purchased and developed the suit property from his own funds and raised three floors in his lifetime. Shri Harjinder Singh had died intestate in the year 2000 and at the time of his demise, he was survived by three sons including the defendant No. 1 and two daughters. The two daughters had relinquished their shares in the properties owned by late Shri Harjinder Singh in favour of their brothers (defendants No. 1 to 3). The plaintiff has averred that he was born from out of the wedlock of the defendant No. 1 and Smt. Surinder Kaur. The relationship between the defendant No. 1 and his wife was strained and in the year 1987, when defendant No. 1 had got a divorce from his wife, the plaintiff was five years old and he had remained in the custody of the defendant No. 1. After his divorce, defendant No. 1 had got re-married in the year 1988 and












































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