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DELHI HIGH COURT
VALMIKI J.MEHTA
Asha Gupta – Appellant
Versus
Mahender Kumar – Respondent
JUDGMENT
Valmiki J. Mehta, J. (Oral)--This suit for partition is filed by one plaintiff Smt. Asha Gupta. Smt. Asha Gupta is the daughter of late Sh. Siri Kishan Dass Mittal and Smt. Basanti Devi. There are five defendants in the suit. Defendant nos.1 and 2 are the brothers of the plaintiff and sons of Sh. Siri Kishan Dass Mittal and Smt. Basanti Devi. Defendants no. 3 to 5 are the legal heirs of the branch of Sh. Rajender Kumar and which Sh. Rajender Kumar is the deceased brother of defendant nos.1 and 2 and the plaintiff and the son of Sh. Siri Kishan Dass Mittal and Smt. Basanti Devi.
2. As per the plaint, plaintiff claims that the father Sh. Siri Kishan Dass Mittal was the sole owner of the suit property bearing no. M-291, Greater Kailash-II, New Delhi-110048 and since the father Sh. Siri Kishan Dass Mittal died intestate at Delhi on 18.11.2004 with the mother Smt. Basanti Devi having already expired, plaintiff has a 1/4th share in the suit property with 1/4th share falling to defendant no.1, 1/4th share falling to defendant no.2 and 1/4th share falling to Sh. Rajender Kumar who is represented by his legal heirs being the defendants nos. 3 to 5.
3. Defendant nos. 3 to 5 in t
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