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2021 Supreme(Del) 246

JAYANT NATH
Master Ansh Kapoor – Appellant
Versus
K. B. Kapur – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Deepti Kathpalia, Advocate.
For the Respondent:Harshvardhan Pandey, Advocate.

JUDGMENT :

1. This suit is filed seeking a preliminary decree of partition of the suit properties, namely, J-5, Ground Floor, Saket, New Delhi-110007, 5-B, Sagar Apartment- 6, Tilak Marg, New Delhi and other properties mentioned in relation to the share of the plaintiffs.

2. The plaintiffs are minors being represented through their mother Smt.Shelly Kapur. Defendant No.1 is the grandfather of the minor plaintiffs. Defendant No.2 is the grandmother of the minor plaintiffs. Defendant No.3 is the father of the plaintiffs and defendant No.4 is the sister of defendant No.3.

3. It is pleaded in the plaint that the great grandfather of the plaintiffs, Late Sh.Lal Chand Kapur, father of defendant No.1-Sh.K.B.Kapur was the owner of various lands and houses in Delhi including a house at Darya Ganj. The said Sh.Lal Chand Kapur died intestate. It is stated that after his death, the estate of Late Sh.Lal Chand Kapur fell in the hands of his sons, namely, Sh.K.B.Kapur/defendant No.1 and his brother-Sh.Parvesh Kapur who became owners to the extent of one-half each. The estate held by Sh.K.B.Kapur/defendant No.1 is an ancestral property qua the minor plaintiffs, the same being purchased from the fund

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